Bombay High Court
Hardik P. Udeshi And Anr vs Om Sri Maa Shakti Namah And 3 Ors on 24 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
24TO31-NMCD-259-16+.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 259 OF 2016
IN
COMMERCIAL SUIT NO. 454 OF 2016
Rajkumar Malpani & Anr. ...Applicants/
Plaintiffs
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 260 OF 2016
IN
COMMERCIAL SUIT NO. 455 OF 2016
Vishal Tansukhlal Minda & Anr. ...Applicants/
Plaintiffs
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 264 OF 2016
IN
COMMERCIAL SUIT NO. 460 OF 2016
Shankuntala Malpani & Anr. ...Applicants/
Plaintiffs
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24TO31-NMCD-259-16+.doc
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2636 OF 2016
IN
SUIT NO. 740 OF 2016
Hardik P. Udeshi & Anr. ...Applicants/
Plaintiffs
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2637 OF 2016
IN
SUIT NO. 747 OF 2016
Kaushik Shah Shares & Securities Pvt.Ltd. ...Applicant/
Plaintiff
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2639 OF 2016
IN
SUIT NO. 779 OF 2016
Mr. Piyush Shah HUF & Ors. ...Applicants/
Plaintiffs
2/6
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Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2643 OF 2016
IN
SUIT NO. 730 OF 2016
Kalpesh Chandrakant Patel ...Applicant/
Plaintiff
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2656 OF 2016
IN
SUIT NO. 745 OF 2016
Mr. Manoj Kantilal Shah & Anr. ...Applicants/
Plaintiffs
Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
AND
NOTICE OF MOTION NO. 2645 OF 2016
IN
SUIT NO. 750 OF 2016
Mr. Manoj Kantilal Shah & Anr. ...Applicants/
Plaintiffs
3/6
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Versus
Om Sri Maa Shakti I Namah & Ors. ...Defendants
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Mr. Mehul Shah for the Plaintiffs in all Suits.
Mr. Gauraj Shah a/w V.A. Joshi i/by M/s. Chitnis Vaithy & Co. for the
Defendant No. 4 in NMS/2643/16 and NMS/2656/16.
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CORAM : R.I. CHAGLA J
DATE : 24 January 2023
ORDER :
1. Mr. Gauraj Shah, learned Counsel appearing for the Defendant No. 4 has sought time to file Affidavit in Reply to the Notice of Motion No. 2656 of 2016 and Notice of Motion No. 2643 of 2016, in view of the award being passed by the learned Arbitrator on 11th July 2022 as well as any response to the additional Affidavit in Support of the Notice of Motion which has been filed by the Plaintiff on 15th September 2022.
2. By the award dated 11th July 2022, termination by Defendant No. 4 of Development Agreement dated 14th December 2011 has been held to be lawful, valid and binding. The Defendant 4/6 ::: Uploaded on - 02/02/2023 ::: Downloaded on - 31/05/2023 08:14:25 ::: 24TO31-NMCD-259-16+.doc No. 1 Developer does not have any charge on the properties of the Defendant No. 4 Society and the Defendant No. 1 Developer also has no intention to restrain the Defendant No. 4 Society from dealing with its properties.
3. Accordingly, the Defendant No. 4 shall file Affidavit in Reply to the above Notices of Motion as well as to the additional Affidavit in Support of the Notice of Motion dated 15th September 2022 which Affidavit in Reply shall be filed within a period of two weeks from the date of this order i.e. on or before 7th February 2023.
4. Mr. Shah states on instructions that the Defendant No. 4 shall give two weeks' notice to the Advocate for the Applicants/Plaintiffs before appointing any new developer for the subject building. Statement is accepted.
5. The Applicants/Plaintiffs are at liberty to file Affidavit in Rejoinder to the Affidavit in Reply filed by Defendant No. 4 within a period of one week thereafter i.e. on or before 14th February 2023.
6. Place the above matters on 20th February 2023, high on 5/6 ::: Uploaded on - 02/02/2023 ::: Downloaded on - 31/05/2023 08:14:25 ::: 24TO31-NMCD-259-16+.doc board.
7. Liberty to apply for an early date.
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