M/S Nida Developers Limited v. M/S Hingora Infrastructure Limited And 4 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL NOTICE OF MOTION NO.193 OF 2017 IN COMMERCIAL SUIT NO.256 OF 2017 M/s. Hingora Infrastructure Limited ....Applicant/Plaintiff Vs.

Hurabibi W/o. Abdulla Miyan and Ors.

....Defendants WITH COMMERCIAL NOTICE OF MOTION NO.389 OF 2017 IN COMMERCIAL SUIT NO.187 OF 2017 ---- Mr. Atul Damle, senior advocate a/w. Mr. Ramakant Yadav and Mr. Vishal Tambat I/b. RHY Juris Law Associates for plaintiff in COMS/256/2017 and for defendant no.1 in COMS/187/2017.

Mr. Vijaysinh Thorat, senior advocate I/b. Ms. Kalpana Karhere for defendant no.7 in COMS/256/2017 and for plaintiff in COMS/187/2017. Mr. Pradeep J. Thorat for defendant nos.16 to 18 in COMS/256/2017. ---- CORAM : K.R.SHRIRAM, J.

DATE : 4th DECEMBER 2018 P.C.:

COMMERCIAL NOTICE OF MOTION NO.193 OF 2017 WITH COMMERCIAL NOTICE OF MOTION NO.389 OF 2017 Mr. Damle and Mr. Vijaysinh Thorat state that the order dated 23rd January 2017 be confirmed as order in both the notices of motion and notices of motion be disposed. The counsel also state that the tenants be directed to pay the rents to the Court Receiver, who shall upon receiving the bills from the parties to this suit, will pay all the taxes. Mr. Damle states that before this order of 23rd January 2017 was passed, some of the tenants were Gauri Gaekwad

2/2 18.NMCD-193-2017.doc paying rents to his clients and others paying rents to Mr. Vijaysinh Thorat's clients. Mr. Vijaysinh Thorat agrees with Mr. Damle. In the circumstances, the order dated 23rd January 2017 is confirmed as order in the notices of motion and both the notices of motion stand disposed.

The tenants shall pay the rents directly to the Court Receiver and for the period they have not paid from 23rd January 2017, those amounts shall also to be paid to the Court Receiver and these amounts to be paid within four weeks from today.

COMMERCIAL SUIT NO.256 OF 2017 Mr. Pradeep Thorat, counsel for defendant nos.16 to 18 states that defendant nos.12 and 13 in commercial suit no.256 of 2017 have expired and he shall provide the details of the legal heirs alongwith the copies of the death certificate within two weeks from today. Both the suits to be listed for directions on 21st December 2018. (K.R. SHRIRAM, J.) Gauri Gaekwad