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Bombay High Court

Jaydeep Developers vs Lok Everst Co Op Hsg. Soc. Ltd. And Ors on 9 February, 2022

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                             9-IA-2718-20+.doc

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

                                   INTERIM APPLICATION NO. 2718 OF 2020
                                                          IN
                                     INTERIM APPLICATION NO. 308 OF 2019
                                                          IN
                                          SUIT (L) NO. 1132 OF 2019


                        M/s. Jaydeep Developers                     ...Applicant/Original
                                                                    Defendant No. 1 in Suit

                               In the matter between

                        Lok Everest Co-op.Hsg. Soc.Ltd.             ...Plaintiff

                               Versus

                        M/s. Jaydeep Developers & Ors.              ...Defendants

                                                       WITH
                                     INTERIM APPLICATION NO. 452 OF 2022
                                                       WITH
                                    INTERIM APPLICATION NO. 1699 OF 2021
                                                          IN
                                          SUIT (L) NO. 1132 OF 2019
                                                       WITH
                                          SUIT (L) NO. 1132 OF 2019
                                                       ----------
                        Mr. G.S. Bhat for the Applicant in IA/452/19.
SHARAYU
PANDURANG
KHOT
                        Mr. Cyrus Ardeshir a/w Mr. Ravi Gandhi, Mr. Mahek Kamdar,
                        Ms. Pavitra Pillay i/by Kanga and Co for the Applicants in
Digitally signed
by SHARAYU
                        IA/1699/21.
PANDURANG

                        Dr. Abhinav Chandrachud a/w Mr. Mukesh Gupta, Mr. Rajan
KHOT
Date:
2022.02.11
11:53:50
+0530
                        Sathe, Ms. Divya Narula i/by Solicis Lex for the Plaintiff.

                                                         1/3
                                                 9-IA-2718-20+.doc

Ms. Neeta Solanki for the Defendant No. 1.
Ms. Pooja Yadav for the MCGM.
                             ----------

                             CORAM : R.I. CHAGLA J

                             DATE         : 9 February 2022
                                            (Through V.C.)

ORDER :

1. Mr. Cyrus Ardeshir, learned Counsel appearing for the Applicant in Interim Application No. 1699 of 2021 has stated that the pleadings are complete and that the Interim Application which is for joinder of the Applicant in the Suit as well as in the above Interim Applications requires to be heard.

2. Since Interim Applications are shown under the caption for ad-interim relief, it requires to be adjourned to the next date and Interim Application No. 1699 of 2021 to be taken up for hearing.

3. The statement which had been made by the learned Counsel for the Defendant No. 1 and which has been recorded in the order dated 5th February 2020 that the Defendant No. 1 assures that no further activity will be conducted on the 2/3 9-IA-2718-20+.doc site till the next date and which statement is continued from time to time and has been further continued on 10th January 2022, but was inadvertently not continued on 24th January 2022, when this Court passed the order, shall continue till the next date.

4. List the Interim Application No. 1699 of 2021 for hearing along with Interim Application No. 2718 of 2020 and Interim Application No. 308 of 2019 taken out in the above Suit on 21st February 2020 high on board.

[R.I. CHAGLA J.] 3/3