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Bombay High CourtIA/1054/2024disposed off

Jammu And Kashmir Bank Limited v. Italia Landscapes Llp (Formerly Known As Italia Eyewear Llp) And 5 ORS

2025-09-26Hon'Ble Shri Justice Somasekhar Sundaresan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1781 OF 2025 IN SUIT NO.262 OF 2021 Hemal Amish Modi ...Applicant

IN THE MATTER BETWEEN:

Italia Landscapes LLP (Formely known as Italia Eyewear LLP) ...Plaintiff

Versus

M/s. V. Shantilal & Company Pvt. Ltd. & Ors.

...Defendants WITH INTERIM APPLICATION NO.1054 OF 2024 IN SUIT NO.262 OF 2021 Jammu & Kashmir Bank Limited ...Applicant

IN THE MATTER BETWEEN:

Italia Landscapes LLP (Formely known as Italia Eyewear LLP) ...Plaintiff

Versus

M/s. V. Shantilal & Company Pvt. Ltd. & Ors.

...Defendants _____________________________________________________ Mr. Chirag Mody a/w Mr. Vyom Shah (through VC), Mr. Abhishek Bhosale, Mr. Nandkishor Supal & Ms. Yogini i/by Divya Shah Associates for the Plaintiff in S/262/21.

Ms. Charmi Shah a/w Ms. Aruna Savla for Applicant in IA/1781/25. Mr. Ram Ugrah Singh a/w Mr. V. K. Sharma, Ms. Kajal L. Soni & Mr. Adarsh Vyas for Applicant in IA/1054/24.

Mr. Malkan Singampuriya a/w Ms. Swati Pawar & Ms. Ankita Rathod i/by S. K. Legal Associates LLP for Defendant Nos.1 to 4. _____________________________________________________ CORAM : JITENDRA JAIN, J.

DATE : 26 SEPTEMBER 2025

P.C.:

1.

List the following Interim Application No.3061 of 2021, Interim Application (L) No.39517 of 2022, Interim Application (L) No.19302 of 2023 and Interim Application No.2538 of 2023 along with the present Interim Applications on the next date of hearing. 2.

The learned counsel for the plaintiff seeks time to file his reply to Interim Application No.1781 of 2025. Request is accepted. Reply to be filed and served within two weeks from today. Rejoinder, if any, to be filed and served within two weeks thereafter. 3.

On the next occasion, the Court will first adjudicate upon the intervention application which is Interim Application No.1781 of 2025, Interim Application No.1054 of 2024 and Interim Application (L) No.19302 of 2023. After the adjudication of these Interim Applications, Interim Application (L) No.39517 of 2022 being Interim Application under Order VII Rule 11 of the Code of Civil Procedure, 1908 will be adjudicated. Thereafter, the other two Interim Applications i.e. 3061 of 2021 and 2538 of 2023 will be heard.

4.

Interim Application (L) No.39517 of 2022 is on lodging number since 2022. Similarly, Interim Application (L) No.19302 of 2023 is on lodging number from 2023. Office objections to be removed within two weeks from today and the Interim Applications to be numbered finally. For the delay in non-removal of office objections cost of Rs.25,000/- to be paid by each of the applicant in Interim Application (L) Nos.39517 of 2022 and 19302 of 2023. The cost should be paid to Tata Memorial Hospital within four weeks from today. 5.

The account details of the Tata Memorial Hospital are as under:-

Bank Name :- Central Bank of India Account holder name :- Tata Memorial Hospital Address, Telephone & :- Dr. Ernest Borges Road, Parel Mumbai - No. Fax No.

400 012. Tel. No. 022-24126487, Fax No. 022-24126487 Bank Account No.

:- 1002449683 Account Type :- Current IFSC Code :- CBIN0284241 MICR Code :- 400016112 6.

If the same is not paid and if the objections are not removed then both these interim applications will be dismissed without recourse to the Court.

7.

Liberty to file and serve rejoinder to reply in Interim Application No.1054 of 2024. Rejoinder to be filed and served within two weeks from today.

8.

List this matter on 20 November 2025 for further consideration.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 29/09/2025 12:19:11