Bombay High Court
Ramesh Pandurang Mali vs Samrat Associates And 14 Ors on 10 February, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
33-IAL-30008-21+.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 30008 OF 2021
IN
SUIT (L) NO. 29721 OF 2021
Ramesh Pandurang Mali ...Applicant/
Plaintiff
Versus
M/s. Samrat Associates & Ors. ...Defendants
WITH
INTERIM APPLICATION (L) NO. 2566 OF 2022
WITH
INTERIM APPLICATION (L) NO. 3696 OF 2022
IN
SUIT (L) NO. 29721 OF 2021
----------
Mr. Chetan Kapadia a/w Mr. Chaitanya Chavan, Mr. Rahul
Singh, Mr. Rohan Agarwal, Ms. Pranali Raut for the Plaintiff.
Mr. Naushad Engineer a/w Shreya Jha, Mr. Hemang
Raythattha, S.M. Seegarla, Ms. Shalaka Chamboowala iby RMG
Law Assoiates for the Defendant Nos. 1, 3 and 4.
Mr. Mayur Khandeparkar a/w Ms. Priyanka Fadia iby
Shashank Fadia for the Defendant Nos. 2, 5, 6 and 7 in Suit, for
the Applicant in IAL/2566/22.
SHARAYU
PANDURANG
Mr. Ankit Lohia, Ms. Aditi Bhat, Mr. H.N. Thakore, Mr. Kunal
Parekh, iby Dua Associates AOR Mumbai for the Defendant Nos.
KHOT
Digitally signed
by SHARAYU
PANDURANG
KHOT
10, 11(a), 11(b) and 12.
Date:
P.U. Badadare for the Defendant Nos. 13 to 15.
2022.02.11
14:29:14
+0530
----------
1/3
33-IAL-30008-21+.doc
CORAM : R.I. CHAGLA J
DATE : 10 February 2022
(Through V.C.)
ORDER :
1. Learned Counsel appearing for the Applicant/Plaintiff has tendered a schedule of draft
amendment with praecipe dated 9th February 2022.
2. Learned Counsel appearing for the respective Defendants have objected to the draft schedule of amendment being taken on record and have stated that the Plaintiff is required to take out Interim Application for seeking amendment of the Plaint and Interim Application.
3. Considering the objection raised by the Defendants, the Applicant/Plaintiff shall fle Interim Application for amendment of the Plaint and Interim Application (L) No. 2566 of 2022 within a period of one week i.e. on or before 17th February 2022.
4. Interim Application, if fled, shall be placed on 22nd February 2022 along with the other matters, which have been 2/3 33-IAL-30008-21+.doc placed on that date which includes the Interim Application (L) No. 30008 of 2021, Interim Application (L) No. 2566 of 2022 as well as other Interim Applications, if fled by the respective Defendants on or before 22nd February 2022. The Defendant Nos. 1, 3 and 4 have taken out Interim Application (L) No. 3696 of 2022 which shall also be placed on the next date. These matters shall be shown under the caption for ad-interim relief.
5. The Defendants are at liberty to fle their Affdavit in Reply to the Interim Application for amendment to be fled by the Plaintiff and which shall fled on or before 21st February 2022.
6. The Affdavit in Sur-Rejoinder dated 30th January 2022 fled by Defendant Nos. 1, 3 and 4 in Interim Application (L) No. 30008 of 2021 which has been served on the Applicant/ Plaintiff as well as the other Defendants is permitted to be fled in the Registry on or before 11th February 2022.
7. Stand over to 22nd February 2022.
[R.I. CHAGLA J.] 3/3