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Bombay High CourtIA/866/2024disposed off

The Decan Co-Operative Housing Society Ltd. v. Nandkumar Dhwarkanath Rajpurkar

2024-07-15Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla2 pages

4-appeal-33359-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.866 OF 2024 IN APPEAL (L) NO. 33359 OF 2023 IN EXA NO.329 OF 2023 WITH INTERIM APPLICATION NO.866 OF 2024 Digitally signed by SMITA RAJNIKANT JOSHI Date:

2024.07.15 17:31:00 +0530 IN APPEAL (L)NO.33359 OF 2023 SMITA RAJNIKANT JOSHI WITH INTERIM APPLICATION (L)NO.8308 OF 2024 IN APPEAL (L) NO.33359 OF 2023 The Deccan Co-operative Hsg. Soc. Ltd., ..Applicant

Versus

Nandkumar D. Rajpurkar ..Respondent In the matter of The Deccan Co-operative Hsg. Soc. Ltd., .. Appellant.

Versus

Nandkumar D. Rajpurkar .. Respondent.

Adv. Mr. Vikramjeet Garewal with Ms. Aayushi Gohil, Mr. Akshay Dhyalkar and Mr. Umair Merchant i/b. M. T. Miskita & Co., for the Applicant/ Appellant.

Adv. Ms. Harsha Shah i/b. Yatin Shah, for the Respondent.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JULY 15, 2024 P. C.

1.

The learned Counsel appearing on behalf of the Applicant/ Appellant stated that the Applicant/ Appellant has received a counter offer from the Respondent which the Appellant-Society is considering. He, therefore, requests that the matter be adjourned for three weeks. JULY 15, 2024 S.R.JOSHI

4-appeal-33359-2023.doc 2.

Though the aforesaid request is opposed by the learned Counsel for the Respondent, we are inclined to give one last opportunity to consider the counter offer given by the Respondent. We, therefore, keep the above matter on 5th August, 2024 under the same caption. 3.

We make it clear that if the settlement is not arrived at by that date, the Applicant/ Appellant shall have to argue the matter. 4.

Stand over to 5th August, 2024.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JULY 15, 2024 S.R.JOSHI