Chandrakant P. Mirani And 2 ORS v. Leo Joseph D'Mello And ORS And Charisma Shelters Pvt Ltd

16-IA1-19INS1773-1998.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN NOTICE OF MOTION NO. 158 OF 2018 IN SUIT NO. 1773 OF 1998 Chandrakant P. Mirani & ors.

...Applicants In the matter between Chandrakant P. Mirani & ors.

...Plaintiffs

Versus

Leo Joseph D'Mello and ors.

...Defendants Mr. Chetan Yadav, i/b R. V. Co., for the Plaintiffs/Applicants. Mr. Mani Thevar, i/b Mahesh Menon & co., for Defendant nos.2,3,4(a), 4(b), 5 and 6.

Mr. Jaswant Patel, for Defendant no.8.

CORAM:

N. J. JAMADAR, J.

DATED :

6th JANUARY, 2020 PC:- 1.

Heard the learned Counsels for the parties.

2.

This is an application to set aside the order passed by this Court on 2nd December, 2019, whereby the Notice of Motion No.158 of 2018 was dismissed for want of prosecution. 3.

For the reasons assigned in the application and to advance the cause of justice, the interim application stands allowed.

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16-IA1-19INS1773-1998.DOC 4.

The order dismissing Notice of Motion No.158 of 2018 for want of prosecution stands set aside. Notice of Motion No.158 of 2018 stands restored to fle.

5.

The interim application stands disposed of.

6.

List Notice of Motion No.158 of 2018 alongwith Chamber Summons No.183 of 2019, for hearing on 28th January, 2020. 7.

The plaintiffs - applicants shall also serve copies of the Notice of Motion and Chamber Summons on the parties, who have not yet been served, within one week.

8.

The defendants, who desire to fle an affdavit-in-reply in opposition to the Notice of Motion and Chamber Summons shall do so within two weeks thereafter.

9.

It is hereby made clear that the parties shall not seek any adjournment on any count whatsoever.

[N. J. JAMADAR, J.] 2/2