Arun Kumar Keyal And 2 Others v. Ajay Sohanlal Jhuria And 4 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.610 OF 2024 IN SUIT NO.686 OF 2019 ARUN KUMAR KEYAL AND OTHERS )...APPLICANTS

IN THE MATTE BETWEEN

ARUN KUMAR KEYAL AND OTHERS )...PLAINTIFFS V/s.

AJAY SOHANLAL JHURIA AND OTHERS )...RESPONDENTS AND RICHA SARAOGI )...RESPONDENT Ms.Harshal Manik a/w Mr.Praveer Shetty i/b Res Legal, Advocate for the Plaintiffs.

Mr.Niranjan Shimpi i/b Mr. R.R. Yadav, Advocate for the Defendant No.1.

CORAM

:

ABHAY AHUJA, J.

DATE :

12th FEBRUARY 2025 P.C. :

1.

Pursuant to order dated 15th January 2025, today when the matter is called out, the Court Associate points out that the Committee has rejected the application made by Mr.Ajay Jhuria, the Defendant no.1, to appear as party in person.

Digitally signed by ARTI VILAS KHATATE Date:

2025.02.14 11:13:00 +0530 ARTI VILAS KHATATE avk 1/3

2.

Ms.Harshal Manik, learned Counsel, appears for the Interim Applicant and submits that a reply has been filed by the Defendant no.1 and she has instructions to proceed in the matter without filing a rejoinder.

3.

Mr.Shimpi appears as Counsel along with Mr.Yadav for the Defendant no.1 and submits that there is an Interim Application No.90 of 2025 that has been filed seeking directions to the Plaintiffs to disclose the schedule of assets and particulars of inventory of the assets of the Original Plaintiff no.3 filed in the Kolkata High Court in Probate Petition No.452 of 2018 and also for perjury. Mr.Shimpi submits that the said Interim Application needs to be heard first, in as much as, a request to the Plaintiffs to give inspection of the schedule of assets and particulars of inventory of the assets of the original Plaintiff no.3 in Probate Petition No.452 of 2018 as filed in Kolkata High Court has been denied. Mr.Shimpi submits that it is only after going through the said documents that the said Defendant no.1 would be in a position to file an additional affidavit in respect whereof leave has been craved to reserving his right in paragraph 7 of the reply dated 11th January 2025 to the Interim Application.

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4.

It is observed that the said Interim Application No.90 of 2025 is not on board today.

5.

Accordingly, list on 26th March 2025 along with Interim Application No.90 of 2025. Let reply to the said Interim Application No.90 of 2025 be filed within a period of two weeks with a copy to the other side. Rejoinder, in two weeks thereafter with a copy to the other side.

(ABHAY AHUJA, J.) avk 3/3