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Bombay High Court

Jos A. Kulangara vs Aria Infra And 6 Ors (Def) And Chief ... on 14 December, 2020

Author: B.P. Colabawalla

Bench: B.P. Colabawalla

                                               (23)IAL3480.20_NMS1501.18_IA1.20_S1047.16.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   Dhanappa
                              ORDINARY ORIGINAL CIVIL JURISDICTION
   I. Koshti
                            INTERIM APPLICATION (L) NO. 3480 OF 2020
   Digitally signed by
   Dhanappa I. Koshti                         WITH
   Date: 2020.12.15
   16:03:24 +0530               NOTICE OF MOTION NO. 1501 OF 2018
                                               AND
                               INTERIM APPLICATION NO. 1 OF 2020
                                                IN
                                      SUIT NO. 1047 OF 2016

                  Jos A. Kulangara                                 ... Applicant

                  In the matter between:

                  Jos A. Kulangara                                 ... Plaintiff
                       Vs
                  1 M/s. Aria Infra & Ors.                         ... Defendants

                  Mr. Ashish Kamat with Mr. Ashwin Bhadang i/b Pandey & Co. i/b
                  Pandey & Co. for the Plaintiff and Applicant in IA(L) No. 3480 of
                  2020.

                  Mr. Vishwajit Sawant, senior advocate and Mr. Kirit Hakani for
                  the defendant No.1.

                  Mr. Girish Godbole i/b Ms. Niyati Hakani for the Defendant Nos.2
                  to 7.

                  Mr. Jagdish G. Reddy for the Respondent Nos.1 and 2.

                                           CORAM : B.P. COLABAWALLA, J.

MONDAY, 14TH DECEMBER, 2020 P.C. :

1 Place these matters for hearing on 13th January, 2021.

it is clarifed that other than any relief granted earlier, no relief is SR Pasha, Sr PS Page 1 of 2 (23)IAL3480.20_NMS1501.18_IA1.20_S1047.16.doc granted at this stage. However, it is made clear that in the event any steps are taken by any of the defendants in relation to the subject property, the same will be subject to the outcome of the above Interim Applications and the Notice of Motion and they will not be entitled to claim any equities in relation thereto. Needless to clarify that I have not heard either side on the merits of the matter and this order is passed only to balance the equities between the parties.

2 This order shall be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.

B.P. COLABAWALLA, J.

SR Pasha, Sr PS Page 2 of 2