Bombay High Court
Naraindas Parmanand Sanatorium Trust vs Aakar Enterprises And 8 Ors on 31 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
13-IAL-2557-23.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2034 OF 2020
AND
INTERIM APPLICATION (L) NO. 2557 OF 2023
IN
SUIT NO. 68 OF 2016
Naraindas Parmanand Trust ...Applicant/Ori.
Defendant No.6
Versus
M/s. Aakar Enterprises & Ors. ...Defendants
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Mr. Vijay Kurle with Samkit Shah for the Applicant/Defendant No.6.
Mr. Vyom Shah with Mr. Jesse Cornelious Mr. Mohammed Ashraf
i/by Lexicon Law Partners for the Plaintiff.
Mr. Jehaan Mehta a/w Ms. Ruchi Gandhi a/w Mr. Yazad Udwadia
i/by DM Legal Associates for the Defendant Nos. 1 to 5.
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CORAM : R.I. CHAGLA J
DATE : 31 March 2023
ORDER :
1. Interim Application No. 2034 of 2020 not on board. Taken on board.
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13-IAL-2557-23.doc
2. The learned Counsel for the Applicant/Plaintiff in Interim Application No. 2034 of 2020 states that though this Court had allowed the amendment to be carried out by the Applicant/original Plaintiff, the amendments could not be carried out within the stipulated time as per order dated 13th March 2023 and thereafter, extension of time had been sought and which was granted by this Court. Further it appears that the order granting extension of time for carrying out the amendment was not made available to the Applicant/Plaintiff. Accordingly, leave has been sought to carry out the amendment in Court today. Accordingly, leave is granted.
3. The Plaintiff shall carry out the amendment of the Plaint in the course of the day.
4. In view of the amendment of the Plaint not being carried out by the Applicant/Plaintiff till today, time is granted to the Defendant Nos. 1 to 5 to file the written statement within a period of three weeks from the date of this order.
5. Interim Application (L) No. 2557 of 2023 together with Interim Application (L) No. 8639 of 2023 shall be listed on 12th April 2/3 ::: Uploaded on - 06/04/2023 ::: Downloaded on - 13/06/2023 12:29:42 ::: 13-IAL-2557-23.doc 2023.
6. The learned Counsel for the Defendant Nos. 1 to 5 has sought leave to file Affidavit in Reply to the Interim Application in the Registry. Accordingly, leave is granted. The Affidavit in Reply of Defendant Nos. 1 to 5 shall be accepted by the Registry.
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