Bhupendra Ratilal Shah v. Curio Finance And Investment Pvt. Ltd.

13-IA-1816-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.1816 OF 2024 IN COMMERCIAL SUIT NO. 288 OF 2017 MR.BHUPENDRA RATILAL SHAH )...APPLICANT

IN THE MATTER BETWEEN

MR.BHUPENDRA RATILAL SHAH )...PLAINTIFF V/s.

CURIO FINANCE AND INVESTMENT PVT. LTD.

) AND OTHERS )...DEFENDANTS AND M/S. TULSI SIDDHI DREAM HOMES LLP )...RESPONDENT (PROPOSED DEFENDANT NO.5) Mr.Karl Tamboly a/w. Mr.Pradeep Bakhru i/by Wadia Ghandy & Co., Advocate for the Applicant/Plaintiff.

Mr.Rushabh Sheth i/by Mr.Aditya Mhatre, Advocate for the Proposed Respondent no.5.

Mr.N.C.Pawar, Officer on Special duty, Court Receiver's Office, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

24th FEBRUARY 2025 P.C. :

1.

Mr.Karl Tamboly, learned Counsel, appearing for the Applicant / Plaintiff submits that this Interim Application seeks a restraint against the Defendant no.1 and the proposed Defendant, who has been allowed to be impleaded vide Interim Application No.2081 of 2024. avk 1/2

13-IA-1816-2024.doc 2.

Mr.Rushabh Sheth, learned Counsel, appears for the proposed Defendant and submits that his client has no intention of creating any third party rights qua the plaintiff's claim in the Suit. The statement is accepted. However, Mr.Sheth seeks some time to file a reply in the said application.

3.

Let the reply be filed within a period of two weeks with a copy to the others. Rejoinder, in a week thereafter, with a copy to the others. 4.

List on 25th March 2025.

COMMERCIAL SUIT NO. 288 OF 2017 5.

Mr.Sheth waives service of writ of summons.

6.

Let the newly added Defendant no.5 file written statement by 24th March 2025.

7.

List on 25th March 2025 when this Court will also consider grant of interim reliefs.

(ABHAY AHUJA, J.) avk 2/2 Digitally signed by ARTI VILAS KHATATE Date:

2025.02.24 19:50:47 +0530 ARTI VILAS KHATATE