Vijaykanhaiyalal Shrimali And Another v. Taksha Spaces Private Limited And Others

926.mca.394.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 394 OF 2024 Vijay Kanhaiyalal Shrimali and Anr.

.. Applicants

Versus

Taksha Spaces Pvt. Ltd.

.. Respondents ....................

 Mr. Bhanu Chopra a/w. Danovy Creado, Advocates i/by Trupti Shetty for Applicants.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 05, 2024.

P.C.:

1.

Heard Mr. Chopra, learned Advocate for Applicant. 2.

Except Respondent No.1, other Respondents are not served. 3.

Mr. Chopra, learned Advocate informs the Court that Respondent No.1 is facing proceedings under the Insolvency and Bankruptcy Code, 2016. Advocate for the Applicants is directed to serve the Resolution Professional appointed on behalf of Respondent No.1.

4.

That apart, on the merits of the Misc. Civil Application (for short "MCA") seeking transfer of the Suit filed by the Applicants in the City Civil Court at Bombay to this Court, it is seen that similarly placed Suits filed by several other flat purchasers against the Developers are being heard together and decided by this Court itself.

926.mca.394.24.doc 5.

Mr. Chopra has taken me through the facts of the present case and it is seen that there can be no impediment for the transfer of the Suit filed by the Applicant before the City Civil Court at Bombay to this Court and tagged alongwith similarly placed Suits. 6.

Mr. Chopra has drawn my attention to the facts of the Suit filed by similarly placed flat purchasers like the Applicants being Suit No.41 of 2021 which has been filed in this Court and there is a direction that all Suits shall be clubbed together. 7.

Hence, the aforesaid observations have been made by me. 8.

Mr. Chopra is directed to serve copy of the MCA and this order on other Respondents by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next adjourned date.

9.

It is clarified that on the next adjourned date this Court shall pass appropriate orders after considering the Affidavit of service. 10.

Stand over to 13th September 2024.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2024.09.06 11:06:23 +0530 AJAY TRAMBAK UGALMUGALE