Mahesh Ratilal Saparia v. Azadi Mario Stanislaus Rodrigues

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (LODGING) NO. 2442 OF 2023 IN NOTICE OF MOTION NO. 396 OF 2017 IN COMMERCIAL SUIT NO. 524 OF 2017 Puravankara Limited ... Applicant/ Original Defendant No. 8

IN THE MATTER BETWEEN :

Azadi Mario Stanislaus Rodrigues and Others ... Plaintiffs V/s.

Kamla Mahesh Developers and Others ... Defendants WITH INTERIM APPLICATION NO. 39 OF 2025 IN NOTICE OF MOTION NO. 396 OF 2017 IN COMMERCIAL SUIT NO. 524 OF 2017 ------------- Mr. Vishal Raman a/w Ms. Nanki Grewal, Ms. Manasi Joglekar and Ms. Krisha Thakkar, Advocate for the Applicant/original Defendant No. 8 in IAL/2442/2023.

Mr. Vikram Singh Garewal a/w Mr. Devansh Bheda and Mr. Parth Jasani, Advocate for Defendants No. 3 to 6 in IAL/2442/2023 and for the Applicant in IA/39/2025.

-------------

CORAM

: ABHAY AHUJA, J.

DATE : 23rd JANUARY 2025.

Gitalaxmi 1/3

P.C. :

INTERIM APPLICATION NO. 39 OF 2025 IN NOTICE OF MOTION NO. 396 OF 2017 IN COMMERCIAL SUIT NO. 524 OF 2017 1.

Mr. Vikram Singh Garewal, learned Counsel appears for the Applicant and submits that in addition to the present Interim Application, there is another Interim Application, which he has filed and that this Court suitably adjourn the matter. INTERIM APPLICATION (LODGING) NO. 2442 OF 2023 IN NOTICE OF MOTION NO. 396 OF 2017 IN COMMERCIAL SUIT NO. 524 OF 2017 2.

Mr. Vishal Raman, learned Counsel appears for the Applicant/original Defendant No. 8 and submits that pleadings in this Interim Application are complete and that this Interim Application can be heard today submitting that the same is only seeking disclosure. 3.

Mr. Vikram Singh Garewal, learned Counsel for Defendants No. 3 to 6 objects for the same submitting that the 1st Defendant seeking disclosure against another Defendant and that too of the nature Gitalaxmi 2/3

of execution proceedings in a pending Suit and that cannot be permitted. Mr. Vikram Singh Garewal submits that this Court hear the said Application before passing any orders.

4.

Accordingly, list both the Interim Applications for hearing on 24th February 2025.

5.

Let reply to the Interim Application(s) and rejoinder(s) be exchanged in advance by the next date, where pleadings are not yet complete.

(ABHAY AHUJA, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.01.27 17:25:51 +0530 GITALAXMI KRISHNA KOTAWADEKAR Gitalaxmi 3/3