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Bombay High Court

Vinod V. Chawla & Ors vs Shree Shiv Bhakti Films & Ors on 31 January, 2020

Author: Sarang V. Kotwal

Bench: K. K. Tated, Sarang V. Kotwal

                                            1/3                 902-NMA-727-19.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                        NOTICE OF MOTION NO.727 OF 2019
                                       IN
                             APPEAL NO.194 OF 2014
                                       IN
                       CHAMBER SUMMONS NO.1143 OF 2011
                                       IN
                              SUIT NO.2011 OF 2002

    Vinod Chawla & Ors.                                    .... Applicant
           versus
    Shree Shiv Bhakti Films & Ors.                         .... Respondents
                                        .......

    •       Mr.R.A. Dada, Senior Advocate i/b. Mr.V.Y. Sanglikar, Advocate
            for Applicant.
    •       Ms.Chandni Dewani i/b. Little & Co., Advocate for Respondent
            Nos.2(A) and 2(B).

                                    CORAM : K. K. TATED &
                                            SARANG V. KOTWAL, JJ.

DATE : 31st JANUARY, 2020.

P.C. :

1. Heard learned Counsel for the parties.
2. Advocate Ms.Chandni Dewani appearing for Respondent Nos.2(A) and 2(B) submits that the order dated 27/01/2020 passed by this Court is wrongly uploaded in Notice of Motion No.1216/15.

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3. Considering this fact in order dated 27/01/2020 in cause title instead of 'Notice of Motion No.1216/2015' it should be 'Notice of Motion No.727/2019'.

4. Rest of the order remains as it is.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Corrected order dated 27/01/2020 reads thus:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.727/2019 in Appeal No.194/2014 in Chamber Summons No.1143/2011 in Suit No.2011/2002 Vinod K. Chawla & Ors. ..... Applicant / Appellant Vs. Salim Shiv Bhakti Films & Ors. ..... Respondents Mr. R. A. Dada, Senior Advocate a/w. Mr. V. Y. Sanglikar for the Applicant Mr.Mustafa Doctor, Senior Advocate with Mr. Vicky Singh, Ms. Chandni Dewani i/b. Little & Co. for Respondent Nos.2(a) and 2(b).
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                               CORAM :      K.K.TATED &
                                            SARANG V. KOTWAL,JJ.
                               DATED :      JANUARY 27, 2020

 P.C.

 1                Heard. After arguing for some time, the learned

counsel for the Respondent submits that their clients are ready and willing to file an affidavit-cum-undertaking before this court that during pendency of the present appeal, they shall not dispose of the suit property i.e. Plot No.48, Vithalnagar CHS, JVPD, Juhu, Mumbai - 400049 with the structure / house "Bhakti". He submits that if he allows the third party to occupy the said premises, he shall intimate him about pendency of the appeal as well as the orders passed by this court. The statement is accepted. 2 S.O. to 31.01.2020 for filing affidavit.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) ::: Uploaded on - 05/02/2020 ::: Downloaded on - 12/06/2020 13:05:03 :::