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Bombay High CourtCHSCD/1491/2018disposed off

Ramnik Narayn Dodia And 33 ORS. v. Shanti Sagar Realty India Pvt. Ltd. And 6 ORS.

2019-04-15Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL DIVISION CHAMBER SUMMONS NO.1491 OF 2018 IN COMMERCIAL SUIT (L) NO.638 OF 2018 Ramnik Narayn Dodia & Ors.

)....Plaintiffs/Applicants V/s.

Shanti Sagar Realty India Pvt. Ltd. & Ors.

)....Defendants WITH CHAMBER SUMMONS NO.1492 OF 2018 CHAMBER SUMMONS NO.1493 OF 2018 CHAMBER SUMMONS NO.1494 OF 2018 CHAMBER SUMMONS NO.1495 OF 2018 CHAMBER SUMMONS NO.1496 OF 2018 CHAMBER SUMMONS NO.1497 OF 2018 CHAMBER SUMMONS NO.1498 OF 2018 CHAMBER SUMMONS NO.1500 OF 2018 CHAMBER SUMMONS NO.1501 OF 2018 CHAMBER SUMMONS NO.1502 OF 2018 CHAMBER SUMMONS NO.1503 OF 2018 CHAMBER SUMMONS NO.1504 OF 2018 CHAMBER SUMMONS NO.1505 OF 2018 CHAMBER SUMMONS NO.1506 OF 2018 CHAMBER SUMMONS NO.1507 OF 2018 CHAMBER SUMMONS NO.1508 OF 2018 CHAMBER SUMMONS NO.1509 OF 2018 CHAMBER SUMMONS NO.1510 OF 2018 CHAMBER SUMMONS NO.1511 OF 2018 CHAMBER SUMMONS NO.1513 OF 2018 CHAMBER SUMMONS NO.1516 OF 2018 ----

2/3 Mr.Shardul Singh a/w Ms.Neha Joshi I/by Vidhi Partners for plaintiffs/applicants.

Mr.Kunolik Pachangane I/by Krishna K.Holambe Patil for defendant nos.1 to 6.

---- CORAM : K.R.SHRIRAM,J DATE : 15.4.2019 P.C.:- 1.

Mr.Pachangane for defendant nos.1 to 6 states that he has no objection to the grant of relief in the Chamber summons but the Court should impose cost on the applicants.

2.

Therefore, Chamber summons allowed in terms of prayer clause-(a) and accordingly disposed.

3.

As regards costs, considering the nature of relief sought in the plaint, this is not a fit case to impose cost. Therefore, prayer for cost rejected.

4.

Plaintiffs to carry out necessary amendment to the plaint and serve a copy of the amended plaint upon defendant nos.1 to 6 within 4 weeks from today. Mr.Pachngane also waives service of writ of summons.

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In view of ensuing vacation, written statement to be filed and copy served within six weeks of receiving the amended plaint. Mr.Singh for applicants/plaintiffs states that his instructing advocate will apply for issuance of writ of summons within one week from today for service on defendant no.7. Plaintiffs are granted liberty to serve writ of summons on defendant no.7 (Court Receiver) by hand delivery as well as by usual mode of service. (K.R.SHRIRAM,J)