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Bombay High Court

Munas Investment Pvt.Ltd. And Anr vs Kalpana Kirit Shah And 2 Ors on 17 November, 2021

Author: R.I. Chagla

Bench: R.I. Chagla

                                                            11.IAL.7935.20 in SL.165.20.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                    INTERIM APPLICATION (L) NO. 7935 OF 2020
                                       IN
                            SUIT (L) NO. 165 OF 2020


Kalpana Kirit Shah & Ors.                      ...      Applicants/Plaintiffs

           Versus

Munas Investment Private Limited & Anr.        ...    Defendants




Ms. Neeta Solanki for the Applicants/Plaintiffs.
Mr. Tahir Prande i/b Juris Consillis for the Defendants.
Mrs. Kanchan Rane, 1st Asstt. To Court Receiver a/w Mr. H.R. Patel,
Master (Adm.).


                                   CORAM :      R.I. CHAGLA, J.
                                   DATED :     17th NOVEMBER, 2021.
ORDER :

1 The present Interim Application is for recall and setting aside of order dated 25.02.2020 passed by this Court (Coram : Justice A.K. Menon) in Interim Application No.1 of 2020 in Suit (L) No.165 of 2020 and for relieving the Defendants of the statement recorded in the said order and restore the status-quo ante as on 24.02.2020. It would be appropriate to move this Interim Application before the same Judge who Waghmare 1/2

11.IAL.7935.20 in SL.165.20.doc had passed the order dated 25.02.2020. It is also noted that the Interim Application has not been served upon the Court Receiver though the Court Receiver had been appointed by the said order dated 25.02.2020 in respect of the subject premises.

2 The Applicants are directed to serve the Interim Application on the Court Receiver and only then move before the same Judge who had passed the order dated 25.02.2020.

                                                (R.I. CHAGLA, J.)                                Digitally
                                                                                                 signed by
                                                                                                 WAISHALI
                                                                                        WAISHALI SUSHIL
                                                                                        SUSHIL   WAGHMARE
                                                                                        WAGHMARE Date:
                                                                                                 2021.11.17
                                                                                                 06:05:58
                                                                                                 +0530




Waghmare                                                                         2/2