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Bombay High Court

Vimal Builders vs Nand Kumar Anant Vaity And Ors on 7 August, 2019

Author: R.I. Chagla

Bench: R.I. Chagla

                                                          13.NMS.1732.19 in S.2715.07.doc



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

                       NOTICE OF MOTION NO. 1732 OF 2019
                                        IN
                              SUIT NO. 2715 OF 2007

                                      WITH
                       NOTICE OF MOTION NO. 1716 OF 2010
                                        IN
                       NOTICE OF MOTION NO. 3679 OF 2007
                                        IN
                              SUIT NO. 2715 OF 2007

                                      WITH
                        NOTICE OF MOTION NO. 489 OF 2014
                                        IN
                        NOTICE OF MOTION NO. 101 OF 2014
                                        IN
                              SUIT NO. 2715 OF 2007

Merit Magnum Construction                          ...      Applicant/Plaintiff
      Versus
Nand Kumar Anant Vaity & Ors.                      ...      Defendants


Mr. Karl Tamboly a/w Ms. Madhulika Murthy i/b Vashi and Vashi for the
Plaintiff.
Mr. Ponvel Nadarajan, Defendant No.41, in person present.
Mr. M.V. Thorat for Defendant Nos.40C and 40D.

                                    CORAM : R.I. CHAGLA, J.

DATED : 7th AUGUST, 2019.

P.C. :

1 The learned Counsel for the Defendant Nos.40C and 40D applies for time to file the vakalatnama of the Advocate for these Waghmare 1/2 ::: Uploaded on - 08/08/2019 ::: Downloaded on - 08/08/2019 23:29:27 :::
13.NMS.1732.19 in S.2715.07.doc Defendants which was to be filed as per the undertaking given to this Court on 22.07.2019 on or before today. He further seeks an extension of time to file the affidavit-in-reply to the Notice of Motion which was also to be filed on or before today. Accordingly, the Defendant Nos.40C and 40D are permitted to file the affidavit-in-reply to the Notice of Motion within a period of two weeks from the date of this order by extending the time. The Vakalatnama shall be filed by the Advocate as per undertaking given to this Court on or before the next date.

2 In an order dated 30.04.2019 passed by this Court it was recorded that the costs of the Court Commissioner Ms. Swati Tari who had submitted report dated 24.04.2019 confirming that Mr. N. Ponvel is authorized 41st Defendant Society would be decided on the next date. The costs of Ms. Tari has still not been decided. 3 Accordingly, costs of Rs.5,000/- shall be borne by Defendant No.41 and shall be payable to Ms. Tari within a period of one week from the date of this order.

4 List the Notice of Motion along with other Notices of Motions filed in the Suit on 28.08.2019.

(R.I. CHAGLA, J.) Waghmare 2/2 ::: Uploaded on - 08/08/2019 ::: Downloaded on - 08/08/2019 23:29:27 :::