Bombay High Court
Gurumahima Heights Co-Operative ... vs Admirecon Infrastructures Pvt Ltd on 22 July, 2022
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Digitally signed
by VIDYA
VIDYA SURESH AMIN
SURESH Date:
2022.07.23
AMIN 11:55:41
+0530
1 21.IAL6661_2022.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 6661 OF 2022
IN
COMMERCIAL ARBITRATION PETITION NO. 130 OF 2022
Gurumahima Heights CHS Ltd. .. Applicant/Petitioner
Vs.
Admirecon Infrastructures Pvt. Ltd. .. Respondent
Mr. Vyom Shah a/w. Anagh Pradhan and Anand Iyer i/b. Divya Shah
Associates for the applicant/petitioner.
Mr. H.A. Khan i/b. Ajinkya Kurdukar for the respondent.
CORAM : G.S. KULKARNI, J.
DATE : JULY 22, 2022.
P.C.:
1. It is unfortunate that this proceeding was circulated by the applicant without issuing any notice to the respondent. Learned counsel for the respondent states that he was briefed in April, however, he did not write to the advocate for the petitioner that he has instructions to appear for the respondent. This is total negligence on the part of learned advocate for the respondent.
2. Nonetheless in these circumstances the parties are unable to proceed in the matter, because of which valuable time of the Court is wasted. The adjournment cannot be simplicitor. Hence, the matter is adjourned to 5 August, 2022, on a condition of payment of cost of Rs.5,000/- to be paid by both the sides with Bar Council of Maharashtra and Goa for the funds to be utilized for medical expenditure for the 2 21.IAL6661_2022.doc needy advocates. The payment of cost shall be condition precedent.
3. To be listed along with Interim Application No. 3305 of 2021 filed by the respondent.
4. Parties are put to notice that there shall not be any further adjournment and the parties will be heard on the adjourned date of hearing.
[G.S. KULKARNI, J.]