Bombay High Court
Close Five Limited Ormerly Known As ... vs Mrs. Zinnia Mehernoosh Khajotia And 3 ... on 24 September, 2019
Author: A.K. Menon
Bench: A.K. Menon
27-NMS-2060-19.doc
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2060 OF 2019
IN
SUIT NO.2519 OF 2010
Close Five Limited, London
(Formerly known as Dallah AlbarakaInvestment Co. Ltd.) ....Applicant
In the matter between
Close Five Limited, London
(Formerly known as Dallah AlbarakaInvestment Co. Ltd.) ....Plaintiff
V/s.
Zinnia Mehernoosh Khajotia and Ors. ....Defendants
Mr. Zal Andhyarujina, with Mr. Kunal Dwarkadas and Mr. Rajshekhar
Upadhyay, i/by Dave and Girish and Co., for the Applicant-Original Plaintiff.
Mr. Ankit Lohia, with Ms. Pooja Batra, Ms. Raksha Thakkar and Ms. Sanaya
Kapadia, i/by Parinam Law Associates, for the Respondents-Original
Defendants.
CORAM : A.K. MENON, J.
DATED : 24TH SEPTEMBER, 2019.
P.C. :
1. By this notice of motion, the applicant-plaintiff seeks several reliefs, including appointment of Court Receiver in respect of the a beach house. The genesis of this application lies in an order dated 13 th December 2013, wherein the property described in paragraph 13 of the said order, namely, Sunseeker Beach House ("the Sunseeker") along with the agricultural lands 1/3 ::: Uploaded on - 25/09/2019 ::: Downloaded on - 26/09/2019 00:18:46 ::: 27-NMS-2060-19.doc appurtenant thereto, was subjected to an injunction, restraining the defendants from advertising, marketing, offering for rent or for short term stay and from entering into any agreements in respect thereof.
2. The reason for moving this application is the fact that defendant no.4 has dealt with the property by enlisting the property on the Airbnb website, since about 9th May 2019 which enables interested parties to book accommodation, at the Sunseeker subject to availability. Booking have been accepted commencing from 1st June 2019.
3. Mr. Lohia states, on instructions, that as an ad-interim arrangement, his client will de-list the 'Sunseeker' from the Airbnb website within the next 48 hours and will not accept bookings, other than those disclosed in Exhibit-
C to the affidavit-in-reply dated September, 2019. The only bookings now remaining to be honoured per Exhibit "C" are scheduled from 21 st September 2019 to 30th September 2019; 5th October 2019 to 7 th October 2019; and 25 th December 2019 to 1st January 2020.
4. Apart from these three bookings, it is submitted that no further bookings shall be accepted. He also agrees that in the event of any default by the defendants, this notice of motion will stand allowed in terms of prayer clause (b) at this stage itself, without any further reference to the court. It is accordingly ordered.
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5. Mr. Lohia seeks leave to file additional affidavit-in-reply. The additional affidavit-in-reply shall be filed within three weeks from today.
Rejoinder thereto, if any, shall be filed within three weeks thereafter.
6. The notice of motion to come up for hearing in regular course.
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