Bakulesh T. Shah v. Vrindavan Co-Oprative Housing Society Limited

7-IA-2752-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2752 OF 2025 IN SUIT NO.154 OF 2024 Bakulesh T. Shah ...Applicant V/s.

Vrindavan Co-operative Housing Society Limited

...Respondent

Mr. Rohan Sathaye with Mr. Guru Shanmugam and Ms. Zainab Tinwala i/b M. Legal Ventures for Plaintiff.

Ms. Shamima Taly with Ms. Sehyr Taly i/b S. Mahomedbhai & Co. for the Applicants/Defendants No. 1 and 2.

Mr. Pranav Pradhan i/b FF & Associates for the Defendants No. 4 and 4(a).

Mr. Mohit Jadhav, AGP for State-Defendants No. 5 to 9.

CORAM

:

ABHAY AHUJA, J.

DATE :

7th AUGUST 2025 P.C. :

1.

When the matter is called out, Mr. Sathaye, learned Counsel appears for the Plaintiff and seeks to tender across the bar affidavit in reply dated 5th August, 2025, submitting that copy of the same has already been furnished to the Interim Applicants/Defendants. Digitally signed by NIKITA YOGESH GADGIL Date:

2025.08.08 10:28:28 +0530 NIKITA YOGESH GADGIL 2.

Ms. Taly, learned Counsel appears for the Applicants/Defendants No. 1 and 2 and submits that this Court may permit amendments to the Interim Application in terms of the draft amendments to include a prayer for setting aside the order of the Prothonotary & Senior Master, Nikita Gadgil 1/2

7-IA-2752-2025.doc transferring the Suit as against the said Defendants to the list of undefended suits.

3.

Mr. Sathaye, learned Counsel appearing for the Plaintiff submits that while he has no objection to the draft amendment being allowed, the amendment is being sought only after filing of reply by the Plaintiff on the basis of one of the grounds taken in paragraph 6. 4.

Having heard the learned Counsel and having considered their submissions, let the Interim Application be amended in terms of the draft amendment. Let the amendment be carried out within a period of one week.

5.

Ms. Taly, learned Counsel for the Applicant also seeks to file rejoinder to the reply filed on behalf fo the Plaintiff. 6.

Let rejoinder be filed within a period of four weeks with copy to the others. List on 10th September, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2