Bombay High Court
Suresh Lachmandas Raheja vs Gopal Lachhmandas ... on 10 October, 2019
Author: A.K. Menon
Bench: A.K. Menon
rrpillai 905-s-3190-2006.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 3190 OF 2006
Suresh Lachmandas Raheja ... Plaintiff
vs.
Gopal Lachhmandas Raheja ... Defendant
WITH
COUNTER CLAIM NO. 25 OF 2010
IN
SUIT NO. 3190 OF 2006
Ferani Hotels Pvt. Ltd. ... Petitioner
vs.
Suresh L. Raheja ... Respondent
Mr. I. M. Chagla, Sr, Advocate a/w. Mr. Bharat Zaveri and Mr. Jehaan Mehta
i/b. Kanga and Co. for the Plaintiff.
Mr. Karl Tamboly i/b. Vijay Kulkarni for Defendant no. 1(a).
Mr. Chirag Mody a/w. Mr. Vyom Shah, Ms. Nitya Shah, Ms. Manisha
Virkhare, Ms. Archana Karmokar, Ms. Gyot Bajaj, Ms. Kinnor Shah, Ms.
Shraddha Ambre i/b. Divya Shah Associates for Defendant no. 1(c).
Ms. Sukhada Wagle a/w. Ms. Aishwarya Wagle i/b. M/s.Hariani & Co. for
Defendant nos. 2 and 4.
Mr. Darius Khambata Sr. Advocate a/w. Mr. Vivek Vashi, Ms. Alya Khan, Ms.
Aditi Bhansali, Mr. Ankit Pathak i/b. Vashi and Vashi for Defendant no.3.
CORAM : A.K. MENON, J.
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1. Called for withdrawal of the suit and the counter claim. On behalf of the heirs of original defendant no. 1 Mr. Mody states that he has instructions to oppose the application for withdrawal. Mr. Mody states that he has filed two Interim Applications, on each in the Suit and the Counter Claim to oppose withdrawal.
2. Mr. Chagla appearing on behalf of the original plaintiff submits that a bank guarantee dated 13th December, 2012 issued by the Axis Bank Limited pursuant to order of the Supreme court dated 27 th September, 2012 is being renewed from time to time is presently valid for a claim upto 12 th December, 2019. He submits that under the usual practice followed by the registry, unless a bank guarantee is renewed 60 days prior to the due date, the bank guarantee may be encashed by the Prothonotary and Senior Master. The request made today is that Prothonotary and Senior Master be directed not to encash it till the next date.
3. Mr.Mody has no objection to the suggestion. Accordingly I pass the following order;
(i) By consent stand over to 13 th November, 2019 for hearing of the applications for withdrawal and the Interim Application (L) nos. 1 of 2019 along with the Suit. Till the next date the Prothonotary & Senior Master shall not encash the Bank guarantee.
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(ii) In the event the Court does not permit withdrawal of the suit, bank guarantee will accordingly not be encashed till the next date and subject to further orders that may be passed by the Court for withdrawal.
(iii) It is made clear that unless the Court permits withdrawal of the suit and relieves the plaintiff of the obligation to renew the bank guarantee on the next date and if the bank guarantee is not extended Prothonotary and Senior Master shall proceed to encash the bank guarantee without further reference to the Court.
(iv) Replies, if any, to the Interim Application nos. 1 of 2019 in S/3190/2006 and CC/25/2010 shall be filed by 22 nd October, 2019.
Rejoinders to be filed by 4th November, 2019.
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