Fountain Square Residents And Commericial Welfare Association Mumbai v. Shree Shubh Builders Pvt. Ltd. And 9 ORS.

8-LPETN204-18.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 204 OF 2018 IN SUIT NO. 189 OF 2017 Fountain Square Residents and Commercial Welfare Association Mumbai ...Plaintif

Versus

Shree Shubh Builders Pvt Ltd & Ors ...Defendants Mr RP Shitole, i/b Khare Legal Chambers, for the Plaintiff. Mr DR Shetty, Court Receiver is present.

CORAM: G.S. PATEL, J DATED:

9th July 2018 PC:- 1.

The Petition is for leave under Order I Rule 8 of the Code of Civil Procedure 1908 to sue in a representative capacity. The Plaintif is an Association of residents and purchasers of units in a project called Fountain Square under construction in Oshiwara. The Plaintifs state that they are unaware of the particulars of every one of the unit purchasers. Leave is sought on this basis. 2.

I am inclined to grant leave but subject to the Plaintifs giving at their expense a notice of the institution of this Suit by a public advertisement in such form as the Prothonotary and Senior Master 9th July 2018

8-LPETN204-18.DOC may direct since, in my view, personal service is not possible. Leave granted on these terms.

3.

The Petition is disposed of in these terms. No costs. (G. S. PATEL, J) 9th July 2018