M/S S.D.Corporation Pvt Ltd v. M/S Truly Creative Developers Pvt Ltd And 4 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.557 OF 2015 IN NOTICE OF MOTION NO.123 OF 2013 IN SUIT NO.1267 OF 2009 ALONG WITH APPEAL NO.204 OF 2016 IN NOTICE OF MOTION NO.286 OF 2013 IN SUIT NO.1267 OF 2009 ALONG WITH APPEAL NO.13 OF 2016 IN NOTICE OF MOTION NO.124 OF 2013 IN SUIT NO.1267 OF 2009 APPEAL NO.557 OF 2015 M/s. S.D.Corporation Private Limited.

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Appellant Vs M/s. Truly Creative Developers Private Limited and Others.

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Respondents - Shri Girish Godbole along with Ms. Soumya Shrikrishna and Shri Pramod Patil for the Appellant.

Shri Arif Bookwala, Senior Counsel along with Shri Umesh Kurund and Shri Sanjay Yadav for the Respondent No.1.

-- APPEAL NO.204 OF 2016 Shapoorji Pallonji & Co.

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Appellant Vs M/s. Truly Creative Developers Pvt. Ltd. & Ors. ..

Respondents -- Shri Chirag Balsara along with Ms. Samidha Vedpathak i/b Maneksha & Sethna for the Appellant.

Shri Arif Bookwala, Senior Counsel along with Shri Umesh Kurund and Shri Sanjay Yadav for the Respondent No.1.

- APPEAL NO.13 OF 2016 Samtanagar Co-op. Hsg. Society Union Ltd.

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Appellant Vs M/s. Truly Creative Developer Pvt. Ltd.

and Others ..

Respondents - Shri Mahendra Gelani i/b M/s. Law Charter for the Appellant. Shri Arif Bookwala, Senior Counsel along with Shri Umesh Kurund and Shri Sanjay Yadav for the Respondent No.1.

-- CORAM :

A.S. OKA & G.S.KULKARNI, JJ DATED :

8TH MARCH 2016 P.C.

1.

Notices for final disposal of these Appeals were issued. Heard learned counsel appearing for the Appellants and the learned counsel representing the Original Plaintiff.

2.

Learned senior counsel appearing for the first Respondent states that to avoid any further delay, the Appellants may be permitted to file Written Statements subject to payment of costs. He states that as the suit is of the year 2009, a time bound schedule may be fixed for disposal of the suits. He states that the Original Plaintiff is agreeable to appoint a Court Commissioner to record the evidence.

3.

The Appellants have left the costs to the decision of this Court. Considering the facts and circumstances of the cases, we quantify the costs of Rs.1 lakh payable by each Appellant to the Original Plaintiff.

4.

Accordingly, we dispose of the Appeals by passing the following order:

ORDER:

(a) The impugned order dated 6th October 2015 is hereby quashed and set aside;

(b) Notices of Motion No.123 of 2013, 124 of 2013 and 286 of 2013 are made absolute by permitting the Appellants to file Written Statements within a period of three weeks from today;

(c) We make it clear that no further extension will be granted;

(d) The Appellants in each Appeal shall pay costs quantified at Rs.1 lakh to the Original Plaintiff within a period of two weeks from today. Costs shall be condition precedent;

(e) It will be open for the first Respondent to apply to the learned Single Judge for expeditious disposal of the suit. We are sure that if a case is made out, the learned Single Judge will give priority to the said suit;

(f) All contentions on merits are kept open.

(G.S. KULKARNI, J) ( A.S. OKA, J )