Anand Lodha v. Vasudev Dayaram Navani And 36 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1990 OF 2024 IN SUIT NO. 964 OF 2018 Anand Lodha ...Applicant/Plaintiff V/s.

Shabana Vasudev Navani & Ors.

...Defendants Ms. Aparajita R. Jha i/b Mr. Rahul Kamarkar for the Plaintiff. Mr. Darshan R. Mehta i/b Dhruve Liladhar & Co. for the Defendants No. 2 to 4, 8 to 10, 16 to 18, 20,21,33 and 34. Mr. Feroze Patel with Ms. Sehyr Tally i/b S. Mahomedbhai & Co. for the Defendants No. 5, 6 and 31.

Ms. Sharva Patel i/b Little & Co. for Defendants No. 25, 35 and 37. Ms. Khushnumah Banerjee i/b Vidhii Partners for the Defendant No. 30.

CORAM

:

ABHAY AHUJA, J.

DATE :

3rd APRIL, 2025 P.C. :

1.

This matter has been listed today at the behest of the Plaintiff seeking extension of time to serve the writ of summons upon the unserved Defendants.

2.

Ms. Jha, learned Counsel appearing for the Plaintiff draws this Court's attention to the order dated 25th October, 2024, submitting that although the time was granted to serve the writ of summons along with Digitally signed by NIKITA YOGESH GADGIL Date:

2025.04.03 15:59:12 +0530 NIKITA YOGESH GADGIL amended Plaint by the said order upon the unserved Defendants, however, some of the Defendants are yet to be served and therefore, this Court extend the time to do so.

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3.

Accordingly, only as and by way of last chance, time to serve the writ of summons along with the amended Plaint upon the unserved Defendants is extended by a period of four weeks. 4.

Learned Counsel appearing for the Defendants No. 2 to 4, 8 to 10, 16 to 18, 20,21,33 and 34 and also for the Defendants No. 5, 6 and 31 submit that there are two Interim Applications viz. Interim Application No. 499 of 2025 and Interim Application (L) No. 10576 of 2025 filed by the said Defendants for rejection of Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908. 5.

Mr. Mehta submits that by the order dated 6th March, 2025, the Interim Application No. 499 of 2025 filed by one set of Defendants is scheduled to be listed on 21st April, 2025.

6.

Mr. Mehta points out that although in paragraph 3 of the said order dated 6th March, 2025, the date is mentioned as 21st March, 2025, however, the date should have been 21st April, 2025. 7.

Let the said error be corrected. Rest of the order remains as it is. Let the corrected order be uploaded as soon as possible. 2/3

8.

Mr. Patel, learned Counsel appearing for the other set of Defendants viz. Defendants No. 5, 6 and 31 submits that the Interim Application (L) No. 10576 of 2025 also be listed on 21st April, 2025. 9.

Accordingly, list the two Interim Applications viz. Interim Application No. 499 of 2025 and Interim Application (L) No. 10576 of 2025 on 21st April, 2025.

10.

Let the objections to the Interim Application (L) No. 10576 of 2025 be removed and registered number be obtained by the next date. (ABHAY AHUJA, J.) 3/3