Bombay High Court
Generic Engineering Construction And ... vs Sharifabai Kutubuddin Waff-Ul-Aulad ... on 1 April, 2022
Author: G.S. Patel
Bench: G.S. Patel
901-IA-744-2022 IN COMS-198-2021.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 744 OF 2022
IN
COMMERCIAL SUIT NO. 198 OF 2021
Generic Engineering Construction and Projects ...Applicants
Ltd
In the matter between
Generic Engineering Construction and Projects ...Plaintiffs
Ltd
Versus
Sharifabai Kutubuddin Waff-ul-aulad Trust & Ors ...Defendants
Mr Zal Andhyarujina, Senior Advocate, with Jahaan Dastur, Ajay
SHEPHALI
SANJAY Vazirani, Anuja Abhyankar & Sharanya Mahimtura. i/b Lexicon
MORMARE
Law Partners, for the Plaintiffs/Applicants.
Digitally signed
by SHEPHALI Mr Archit Jayakar, with Pooja Yadav & Dhwani Parekh, for
SANJAY
MORMARE
Date: 2022.04.01
Defendants Nos. 1, 2, 3, 5, 22, 23, 24, 26, 27 and 28.
18:45:54 +0530
Mr Amin Arsiwala, with Nidhi Shah, for Garuda Construction &
Engineering Pvt Ltd (Proposed Respondent).
CORAM: G.S. PATEL, J DATED: 1st April 2022 PC:-
1. There is an Affidavit on behalf of the Respondent, Garuda Construction and Engineering Private Limited. It is affirmed by one Page 1 of 2 1st April 2022 901-IA-744-2022 IN COMS-198-2021.DOC Ganesh Pangale on 30th March 2022. It is taken on record. Mr Andhyarujina for Generic Engineering, the Plaintiff and Applicant, says that the Plaintiff will file a corresponding Affidavit affirming, what is stated in paragraphs 2 and 3 of Garuda's Affidavit so that there is no ambiguity going from about the respective joint and several liabilities of Garuda and Generic in the Sharifa Mansion project.
2. There is also a further Affidavit of the Plaintiff filed by Jayesh Rawal which explains some of the deductions made. This Affidavit is also of 30th March 2022. It is taken on record.
3. Mr Andhyarujina needs some time to take further instructions regarding further payments and further details.
4. List the matter Tuesday, 5th April 2022 at 4.30 pm. (G. S. PATEL, J) Page 2 of 2 1st April 2022