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Bombay High CourtCHS/1805/2016disposed off

Dr. Mrs. Shaileja Shridhar Paradkar And ANR. v. Surendra Balkrishna Panhalkar And 4 ORS. And Vijaya V Gharpure(Applicant)

2018-02-06Hon'Ble Shri Justice S.C. Gupte2 pages

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38. CHS 1805-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1805 OF 2016 IN SUIT NO.179 OF 2014 WITH SUIT NO.179 OF 2014 WITH COURT RECEIVER REPORT NO.485 OF 2015 WITH CHAMBER SUMMONS NO.1805 OF 2016 WITH NOTICE OF MOTION NO.562 OF 2017 IN NOTICE OF MOTION NO.424 OF 2014 IN SUIT NO.179 OF 2014 Dr. (Mrs.) Shaileja S. Paradkar & Others ...

Plaintiffs

Versus

Surendra Balkrishna Panhalkar And Others ...

Defendants And Vijaya Vasant Gharpur ...

Applicant .....

Mr. H.T. Pawar for the Applicant.

Prof. Rohini Dandekar for the Plaintiffs.

Mr. Menino F.Dias for Defendant No.4.

Mr. Mohit Arora a/w Aniket Ransubhe I/b Ajay Basutkar for Defendant No.5.

....

CORAM : S.C.GUPTE, J.

DATE : 6 FEBRUARY 2018

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38. CHS 1805-16.doc P.C. :

Chamber Summons No.1805 of 2016 .

Heard learned Counsel for the parties.

It is agreed that without prejudice to the rights and contentions of all the parties and keeping their arguments on merits open, the Applicant is joined as party defendant to the Suit. The Plaintiffs to carry out the amendment accordingly within a period of three weeks. All rights and contentions of the parties on merits on the case set out by the Applicant in the present chamber summons are kept open. The Chamber Summons is disposed of.

Notice of Motion No.562 of 2017 This Notice of Motion is taken out by the Plaintiffs/Applicants for restoration of their notice of motion, being Notice of Motion No.424 of 2014, by which they seek interim reliefs in the suit. For the reasons stated in the affidavit in support of the notice of motion, Notice of Motion No.562 of 2017 is allowed by setting aside the order of dismissal and restoring Notice of Motion No.424 of 2014.

Notice of Motion No.424 of 2014 to come up on board for hearing on 27 February 2018. In case any party wants to file any affidavit in reply to the notice of motion, same may be done latest by 26 February 2018. (S.C. GUPTE, J.)