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Bombay High CourtCHS/1734/2016disposed off

M/S Simar Pride Ventures And 2 ORS v. Birla Cotsyn (India) Pvt Ltd And 10 ORS And Edelweiss Asset Reconstruction Co Ltd (Pro. Def No. 8)

2016-12-07Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.846 OF 2013 IN SUIT NO.535 OF 2013 Souvenier Developers (I) Pvt. Ltd.

....Applicant

IN THE MATTER BETWEEN :

M/s. Simar Pride Ventures & Ors.

....Plaintiffs Vs.

Birla Cotsyn (India) Pvt. Ltd. & Ors.

....Defendants WITH NOTICE OF MOTION NO.1032 OF 2013 WITH NOTICE OF MOTION NO.805 OF 2014 IN SUIT NO.535 OF 2013 M/s. Simar Pride Ventures & Ors.

....Plaintiffs Vs.

Birla Cotsyn (India) Pvt. Ltd. & Ors.

....Defendants WITH CHAMBER SUMMONS NO.1666 OF 2016 WITH CHAMBER SUMMONS NO.1699 OF 2016 WITH CHAMBER SUMMONS NO.1734 OF 2016 WITH CHAMBER SUMMONS NO.1735 OF 2016 IN SUIT NO.535 OF 2013 Edelweiss Asset Reconstruction Co. Ltd.

....Applicant

IN THE MATTER BETWEEN :

M/s. Simar Pride Ventures & Ors.

....Applicants Vs.

Birla Cotsyn (India) Pvt. Ltd. & Ors.

....Defendants ----

2/3 Mr. Simil Purohit a/w. Mr. G.B. Kedia for the plaintiffs. Mr. Sachin S. Punde for the applicant in CHS/846/2013. Mr. Prakash Shinde a/w. Ms. Chinmayee Ghag i/b. MDP & Partners for the applicant in CHS/1666/2016, CHS/1699/2016, CHS/1734/2016 and CHS/1735/2016.

Mr. Subir Kumar for the defendant no.1.

---- CORAM : K.R.SHRIRAM, J.

DATE : 7th DECEMBER, 2016 P.C.

CHAMBER SUMMONS NO.1666 OF 2016 WITH CHAMBER SUMMONS NO.1699 OF 2016 WITH CHAMBER SUMMONS NO.1734 OF 2016 WITH CHAMBER SUMMONS NO.1735 OF 2016 The counsel appearing for the plaintiffs states that he has no objection if the prayer as sought in these chamber summons is allowed. In view thereof, the chamber summons are allowed and accordingly disposed in terms of prayer clauses - (a) and (c). The amendment to be carried out and copy of the amended plaint to be served within three weeks from today. The newly added defendant and those defendants who have not filed their written statement to file the written statement and serve a copy thereof within four weeks of receiving the copy of the amended plaint.

3/3 Mr. Shinde, counsel appearing for the applicant/substituted defendant waives service of writ of summons.

CHAMBER SUMMONS NO.846 OF 2013 Mr. Kumar, counsel appearing for the defendant no.1 states that he has been served with the additional compilation only on 29th November, 2016 and requests for a short adjournment to put in an affidavit in reply.

Affidavit in reply to be filed and copy served within one week from today.

This chamber summons alongwith two notices of motion to be listed for hearing on 4th January, 2017.

(K.R. SHRIRAM, J.)