Raheja Plaza Premises Chs Ltd v. Palm Grove Beach Hotels Private ) Limited

1 41-IA(L)-36084-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 36084 OF 2024 IN SUIT NO. 71 OF 2024 BBAS Association ...Applicant In the matter between:

Palm Grove Beach Hotels Private Limited & Anr. ...Plaintiffs

Versus

Raheja Plaza Premises CHS Limited & Ors.

...Defendants WITH INTERIM APPLICATION (L) NO. 37848 OF 2024 WITH INTERIM APPLICATION (L) NO. 38204 OF 2024 WITH INTERIM APPLICATION (L) NO. 38230 OF 2024 WITH INTERIM APPLICATION (L) NO. 38261 OF 2024 WITH INTERIM APPLICATION (L) NO. 38271 OF 2024 WITH INTERIM APPLICATION (L) NO. 38399 OF 2024 WITH INTERIM APPLICATION (L) NO. 38465 OF 2024 WITH INTERIM APPLICATION (L) NO. 38489 OF 2024 WITH INTERIM APPLICATION (L) NO. 38494 OF 2024

2 41-IA(L)-36084-2024.doc ----- Mr. Reehan Ajmerwalla i/b Ms. Madhu Hiraskar for Plaintiffs. Mr. Rahul Moghe a/w Sweta Moghe i/b Sweta Mehta & Girdharlal for Defendatn Nos. 1, 2, 3, 4, 15 & 16.

Mr. Anil r. Mishra for Defendant Nos. 5 & 6.

Ms. Nidhi Singh, Brian Noronha, Amisha Upadhyay i/b India Law LLP for Defendant No.14 & Applicant in IA(L) No. 36084 of 2024. Mr. Dhruv Gandhi a/w Varsha Kule i/b SMA Law Partners for Defendant No.8 in IA(L) No.38465 of 2024, for Defendant Nos. 10 to 12 in IA(L) No. 38489 of 2024 & for Defendant Nos. 17 to 22 in IA(L) No. 38494 of 2024. Mr. Anupam Surve a/w Hilla Boatwalla i/b Nanu Hormasjee & Co. for Applicant in IA(L) No. 37848 of 2024 & Defendant No. 23 in COMS No. 71 of 2024. ----- CORAM :

ARIF S. DOCTOR, J.

th FEBRUARY 2025 Date :

P.C. :

1.

The following ten Interim Applications is for condonation of delay in filing the written statement.

2.

I am informed that the delay is within the prescribed limit of 120 days. Learned Counsel for the Plaintiff disputes this and thus seeks to file Affidavit in Reply to each of the Interim Applications. Additionally, I am informed that the learned Counsel for Defendants Nos. 1, 2, 3, 4, 15 and 16 submits that his clients have also taken out the application under the provision of Order VII Rule 11.

3 41-IA(L)-36084-2024.doc 3.

Hence, I pass the following order:

ORDER

I) Replies to all Interim Applications for condonation of delay as also for rejection of the Plaint under Order VII Rule 11 to be filed within a period of two weeks.

II) Rejoinder, if any, to be filed within a period of one week thereafter.

4.

List the Interim Application on 10 th March 2025 for hearing.

5.

Filing of replies to Interim Application (L) No. 3062 of 2024 to be completed within the same time frame as indicated above. (ARIF S. DOCTOR, J.)