Bombay High Court
Arch Shelters Pvt. Ltd vs Jaideep Jawahir Kapadia & 10 Ors on 29 October, 2018
Author: K. R. Shriram
Bench: K. R. Shriram
sr.24.nmsl.2507.2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO.2507 OF 2018
IN
SUIT NO. 4571 OF 1995
M/s.Arch Shelters Pvt. Ltd. ... Applicant
In the matter between
M/s.Arch Shelters Pvt. Ltd. ... Plaintiff
V/s.
Jaydeep Jawahir Kapadia & ors. ... Defendant
...
Mr. Gaurav Joshi, Senior Advocate a/w Mr. Chirag Modi, Mr. Abhay
Jadeja and Mr. Arun Unnikrishnan i/b M/s. Crawford Bayley and Co.
for Applicant/Plaintiff.
Mr. A. S. Pal a/w Mr. Mudit Gupt i/b Siddharth Mehta for Defendant
Nos. 1A, 2, 3, 5 and 6;
Mr. Rajesh Kachre i/b Amit S. Potnis for Defendant No. 4;
Mr. Anoop Patil i/b Dhaval Vussonji and Associates for Defendant No.
11 (SRA);
Mr. V. A. Thorat, Senior Advocate a/w Mr. Mayur Khandeparkar, Mr.
Vaibhav Sugdare and Mr. R. M. Bagkar i/b Bagkar and Co. for
Respondent No. 10 in NMSL/2507/2018.
...
CORAM : K. R. SHRIRAM, J.
DATE : 29th OCTOBER, 2018.
P.C. :
1. After notice of motion was heard for sometime, by consent, the following order is passed :
(i) Without prejudice to the rights and contentions of the parties, prayer clause (a) is granted for a period of three months from today. Prayer clause (a) reads as under :
"(a) pending the hearing and final disposal of the present suit, this vina k. 1/2 ::: Uploaded on - 01/11/2018 ::: Downloaded on - 02/11/2018 00:57:59 ::: sr.24.nmsl.2507.2018.doc Hon'ble Court be pleased to direct the Defendants and Respondent No.10 to maintain status quo in respect of the suit property being the land admeasuring about 10,932 sq. mtrs. bearing CTS No.180, 180/1 to 133 village Ghatkopar, Kurla, Mumbai ('suit property')."
(ii) It is open to plaintiff/applicant to approach such forum as advised to challenge any action taken by respondent no.11, who is not party to this consent order.
(iii) The Court has not expressed any opinion on any proposed action or action being taken by respondent no.11.
(iv) Notice of Motion accordingly disposed.
2. Pursuant to liberty granted by the division bench in the order dated 17th October, 2018, respondent no.10 will be taking out an application to be dropped as defendant. Mr.Thorat states that such an application will be taken out and copy served within four weeks from today.
3. Plaintiff is yet to amend the plaint to add respondent no.10 as defendant to the suit. Mr. Jain is seeking extension to carry out the amendment. The Court can consider whether the amendment will be necessary after hearing the application to be taken out by Mr.Thorat's client. Therefore, stand over to 31st November, 2018 for directions.
(K. R. SHRIRAM, J.) vina k. 2/2 ::: Uploaded on - 01/11/2018 ::: Downloaded on - 02/11/2018 00:57:59 :::