Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 16 November, 2021

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Bombay High Court

Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 16 November, 2021

Bench: R. I. Chagla

TAUSEEF
LAIQUEE
FAROOQUI                                                               17-IA.L.24397.2021.doc
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI
Date: 2021.11.17
18:27:14 +0530                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION

                                 INTERIM APPLICATION (L) NO.24397 OF 2021
                                                   IN
                                   COMMERCIAL SUIT (L) NO.24394 OF 2021


                      Ashok Hariram Parwani & Ors.                 ...Applicants/Plaintiffs
                                 V/S
                      Silvex Developers Pvt. Ltd. & Ors.           ...Defendants


                      Mr. Neeta Jain a/w Mr. Salman Haider Khan i/by M. L. Kukreja for
                      Applicants/Plaintiffs.
                      Mr. Farhan Dubhash a/w Mr. Murari Madekar i/by M/s. Madekar &
                      Co. for Defendant No.2.
                      Mr. Sangram Chinnappa for Defendant No.3.
                      Mr. Abhishek Adke a/w Mr. Sagar Vichare for Defendant No.4 and 5.
                      Mr. Satish B. Yadav i/by Mr. Mirityunjay Barai for Defendant No.6.
                      Mr. Dhaval A. Patil i/by M/s. K. Ashar & Co for Defendant Nos.9, 10
                      & 11.

                                                    CORAM : R. I. CHAGLA, J.

DATED : 16th NOVEMBER, 2021.


                      P.C.
                                 The      learned     counsel    appearing      for      the

Applicants/Plaintiffs have sought for ad-interim relief in terms of appointment of Court Receiver in respect of the suit property and for an order that the Applicants/Plaintiffs may commence and complete the construction of the project "Silver Sunshine" and obtain the Tauseef 1 of 3 17-IA.L.24397.2021.doc occupation certificate with the help of Court Receiver, High Court, Bombay. She has referred to the minutes of the Special General Body Meeting of the members of Defendant No.2-Society held on 8 th August 2021 and in particular Resolution Nos.1 and 2, when it was resolved that the Plaintiffs alongwith some of the Defendants as third party flat purchasers at their sole cost would commence and complete the balance construction of the Silver Sunshine Project. They shall also contribute money towards the entire share of all the non-willing, non-participating purchasers in order to complete the said property. She has submitted that the Suit seeks specific performance of the said minutes of the meeting of the Special General Body Meeting of the members of Defendant No.2-Society held on 8th August 2021.

2. The learned counsel for Defendant No.3, learned counsel for Defendant Nos.4 and 5 and learned counsel for Defendant Nos.9 to 11 have sought time to file their Affidavits-in-reply to the Interim Application as they have opposed the grant of any ad-interim relief in favour of the Applicants/Plaintiffs.

Tauseef                                                                      2 of 3
                                                             17-IA.L.24397.2021.doc

3. In view thereof, the Defendants shall file their respective Affidavits-in-reply within a period of two weeks from today i.e. on or before 30th November 2021.

4. The Interim Application shall be placed for considering grant of ad-interim relief on 3rd December 2021 (R. I. CHAGLA, J.) Tauseef 3 of 3

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