Gold Plaza Developers Pvt Ltd v. Balkrishna Hiralal Oza
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2347 OF 2024 IN COMMERCIAL SUIT NO. 63 OF 2024 Digitally signed by CHAITANYA ASHOK JADHAV Date:
2026.04.24 11:07:48 +0530 CHAITANYA ASHOK JADHAV Balkrishna Hiralal Oza
...Petitioner
Versus
Gold Plaza Developers Private Limited
...Respondents
WITH INTERIM APPLICATION NO. 4417 OF 2025 WITH INTERIM APPLICATION NO. 7179 OF 2025 IN COMMERCIAL SUIT NO. 63 OF 2024 Mr. Viraj Parikh a/w Ms. Bhavana DubePatil i/b Pravin Mehta & Mithi & Co., for the Plaintiffs.
Mr. Karl Tamboly a/w Sushant Pandey, Soham Bhagat i/b Kiran Jain & Co., for Defendant/Respondent.
CORAM
: SOMASEKHAR SUNDARESAN, J.
DATE : APRIL 21, 2026 ORDER :
1.
Interim Application No. 7179 of 2025 seeks leave to amend the Written Statement to bring on record certain documents on which the Defendant seeks to rely.
2.
The Interim Application is allowed and the amendment is permitted. The amended Written Statement shall be brought on record within a week from the upload of this Order.
3.
The Plaintiffs shall be entitled to file an Additional Affidavit dealing with the contents of the amendments to the Written Statement that have been allowed.
4.
Interim Application No. 4417 of 2025 is an application for summary judgement in respect of ten out of the fifteen flats, in respect of which protection has already been obtained by the Plaintiff in Interim Application No. 2347 of 2024. The reliefs granted are pursuant to the orders dated August 28, 2024, September 24, 2024, September 23, 2025, and October 7, 2025.
5.
Therefore, both the Interim Application No. 2347 of 2024 and Interim Application No. 4417 of 2025 shall be considered on the next date, immediately after reopening. Meanwhile, the pleadings as above, pursuant to the Interim Application No. 7179 of 2025 being allowed, shall be completed.
6.
By consent, stand over to June 16, 2026.
7.
All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.
[ SOMASEKHAR SUNDARESAN, J.]