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Bombay High CourtIA/1369/2019

Arvind G Naik And 37 ORS v. New D N Nagar Co-Op Hsg Societies Union Ltd And 8 ORS

2019-01-011 pages

pvr 1 17IA1-19=S-674-13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Interim Application No.1 OF 2019 in SUIT NO.674 of 2013 Sardar Anwar Hussain ...Applicant/Orig.Plff.8 In the matter between 1.Arvind G.Naik & Ors.

...Plaintiffs

Versus

1.New D.N.Nagar Co-op.Hsg.Societies Union Ltd. and ors.

...Defendants ---- Mr.Yatin R.Shah with Mr.Shivam Bhagwati and Mr.Shahzad Khajotia, for the Applicant.

Ms.Apeksha Munot i/b. Wadia Ghandy & Co., for Defendant no.3. ---- CORAM :

G.S. KULKARNI, J.

DATE :

17th DECEMBER, 2019 P.C.:

1.

It is informed that defendant no.1 who would be contesting this application is already served. However, none appears for defendant no.1. Affidavit of service to that effect would be placed on record by tomorrow. It is stated that earlier Mr.Desai was representing defendant no.1 who has taken discharge.

2.

To enable defendant no.1 to appear in the present application, as a matter of last opportunity, stand over to 14 January 2020. Pending application and chamber summons also be listed.

3.

Learned Counsel for the applicant is permitted to issue a fresh notice informing the adjourned date of hearing to defendant no.1. It is clarified that on the adjourned date of hearing despite service the defendants are not represented, the Court shall hear the proceedings and pass appropriate orders. 4.

A copy of this order be also forwarded alongwith the Advocate's notice to defendant no.1.

[G.S. KULKARNI, J.]