Kalpana Pravin Shinde v. Mulund Raviraj Cooperative Housing Society Ltd

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2024.10.25 11:07:31 +0530 MULEY SHUBHAM PRAVINRAO 1 9-IA-3390-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3390 OF 2022 IN COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017 Municipal Corporation of Greater Mumbai ...Applicant Vs.

Mulund Raviraj Co-operative Housing Society Ltd.

...Respondent

WITH INTERIM APPLICATION (L) NO. 12903 OF 2021 WITH INTERIM APPLICATION NO. 1912 OF 2024 WITH CHAMBER SUMMONS NO. 32 OF 2020 WITH COMMERCIAL ARBITRATION PETITION NO. 559 OF 2017 WITH CHAMBER SUMMONS NO. 217 OF 2018 WITH NOTICE OF MOTION NO. 688 OF 2018 WITH CHAMBER SUMMONS NO. 763 OF 2019 WITH CHAMBER SUMMONS NO. 234 OF 2019 WITH CHAMBER SUMMONS NO. 45 OF 2019 WITH NOTICE OF MOTION NO. 350 OF 2019 WITH INTERIM APPLICATION (L) NO. 24824 OF 2024 WITH 1/4

2 9-IA-3390-2022.doc CHAMBER SUMMONS NO. 1080 OF 2019 WITH CHAMBER SUMMONS NO. 40 OF 2020 WITH INTERIM APPLICATION (L) NO. 50 OF 2024 WITH INTERIM APPLICATION (L) NO. 32205 OF 2024 WITH INTERIM APPLICATION (L) NO. 2136 OF 2024 WITH INTERIM APPLICATION NO. 410 OF 2021 WITH INTERIM APPLICATION (L) NO. 23486 OF 2022 WITH INTERIM APPLICATION (L) NO. 19656 OF 2024 WITH INTERIM APPLICATION NO. 2365 OF 2024 WITH INTERIM APPLICATION (L) NO. 1929 OF 2024 WITH INTERIM APPLICATION (L) NO. 1938 OF 2024 WITH INTERIM APPLICATION (L) NO. 12903 OF 2021 WITH CHAMBER SUMMONS NO. 32 OF 2020 ----------------- Adv. Dormaan J Dalal for the Applicant in CHS/40/2020. Adv. Vijay Chauhan i/by Prasant Malik for the Applicant in IAL/24824/2024. Adv. Akshada A. P. for the Intervenor in IA/32205/2024. Adv. Sunita Warang a/w Anil Lulla for the Applicant in IAL/32962/2024 Adv. Ankita Singhania i/by A. Kohodia for the Applicant in IA/1912/2024. Adv. Jill Rodricks i/by Amit Tungare for the Applicant in IAL/19656/2024. 2/4

3 9-IA-3390-2022.doc Adv. P. G. Lad a/w Pooja Yadav and G. O. Giri i/by Komal Punjabi for BMC. Adv. Aneesh Deshpande i/by Abhinav B. for the Applicant in IAL/50/2024. Adv. Vikhil Dhoka a/w Abhijit Mukherjee i/by GM Legal for the Petitioner in CARBP/559/2017.

Adv. A. K. Chauhan a/w Rahul Chauhan and J. Jain for Respondent Nos.1 to 3 in CARBP/559/2017.

Adv. Tejal Rupji for Respondent No.3 in CARBP/559/2017. K. K. Trivedi, Court Commissioner is present. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 24TH OCTOBER, 2024 P.C.:- 1.

Respondent No.3 has today filed two affidavits one in response to the Chamber Summons No.40 of 2020 and Notice of Motion No.688 of 2018, the other is filed in response to the application filed by the BMC. In compliance with the previous order Respondent No.3 (Developer) has taken on affidavit that he is ready and willing to discharge the liability/dues of decree holders/those applicants who have taken out garnishee proceedings before this Court. Respondent No.3 is present in Court and confirms that he ready and willing to make payment of these amounts within a period of 12 months. 2.

This matter is pending for a while and on every occasion it gets adjourned since some parties seek time or file an affidavit. The matter must not th December, 2024, on which date this progress to hearing. Hence, stand over to 6 Court shall first hear Interim Applications chronologically. 3/4

4 9-IA-3390-2022.doc 3.

It is made clear that on the next date the Court shall proceed to take up and dispose of those applications in which pleadings are complete. The matter shall not be adjourned on the request of any party as to file any further affidavit or pleading.

4.

Mr. Chauhan appearing for Respondent No.3 undertakes to serve Ms. Singhania all relevant Interim Applications. Liberty to file affidavits. (ARIF S. DOCTOR, J.) 4/4