Pantnagar Shri Ram Co-Operative v. Dev Reality Corporations And Sudha Bhupendra Kapasi And 3 ORS Prop Resp.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1798 OF 2022 IN SUIT NO.112 OF 2022 PATNAGAR SHRI RAM CHS. LTD )...APPLICANT/PLAINTIFF V/s.

M/S. DEV REALTY CORPORATION AND ORS )...RESPONDENTS/DEFENDANTS WITH SUIT NO.112 OF 2022 WITH INTERIM APPLICATION NO.2477 OF 2024 IN SUIT NO.112 OF 2022 Mr. Ashish Ghadge i/b M/s. Tamhane & Co., Advocate for the Plaintiff/Applicant.

Mr.Sudalamini Thevar i/b Ganesh & Co., Advocate for the Defendants No.4(a) to 4(d).

Mr.Jitendra B. Mishra, Advocate for the Defendants No.6 to 8 and 10 to 26.

CORAM

:

ABHAY AHUJA, J.

DATE :

30th JANUARY 2025 P.C. :

Digitally signed by KIRAN SANJAY GHUGE Date:

2025.01.31 19:26:51 +0530 KIRAN SANJAY GHUGE INTERIM APPLICATION NO.2477 OF 2024 1.

When the matter is called out, at the outset this Court is informed that Interim Application No.2477 of 2024 is wrongly on board as the same has already been disposed of. Remove the said Interim Application from board.

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INTERIM APPLICATION NO.1798 OF 2022 2.

Mr.Sudalamini Thevar, learned Counsel appears for Defendants No.4(a) to 4(d) and seeks leave of this Court to file Reply to the Interim Application No.1798 of 2022, submitting that the Reply had earlier been filed by the Defendant No.4 but not by Defendants No.4(a) to 4(d).

3.

Mr.Ashish Ghadge, learned Counsel once again seeks some more time to file affidavit of service.

4.

It appears that neither the Plaintiff nor the Defendants No.4(a) to 4(d) are serious about the orders of this Court. 5.

This Court would have passed adverse orders against the Plaintiff and the said Defendants but refrains to do so as and by of indulgence only this time.

6.

Let the affidavit of service with respect to service of the amended Plaint and the Interim Application No.1798 of 2022, be positively filed by the next date.

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7.

Let Reply by the Defendants No.4(a) to 4(d) to Interim Application No.1798 of 2022 be filed within a period of two weeks with a copy to the others. Rejoinder in two weeks thereafter with a copy to the others.

8.

No further time or indulgence would be granted on the next date and the Advocates are put to notice that adverse orders may be passed in the event they seek time in the matter.

9.

List for hearing of the Interim Application No.1798 of 2022 and for framing of issues on 27th February, 2025. 10.

Let draft issues be exchanged in advance.

(ABHAY AHUJA, J.) 3/3