Bombay High Court
Pujari Apartment Co-Operative Housing ... vs Hemendra Haridas Mapara on 19 August, 2024
2024:BHC-OS:12594 13-COMS-30-2024.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 6173 OF 2024
IN
COMMERCIAL SUIT NO. 30 OF 2024
WITH
INTERIM APPLICATION (L) NO. 25761 OF 2024
(Not on Board)
IN
SHEPHALI COMMERCIAL SUIT NO. 30 OF 2024
SANJAY
MORMARE
Digitally signed
WITH
by SHEPHALI
SANJAY
MORMARE
Date: 2024.08.19
14:19:47 +0530
INTERIM APPLICATION (L) NO. 25062 OF 2024
(Not on Board)
IN
COMMERCIAL SUIT NO. 30 OF 2024
Hemendra Haridas Mapara & Ors ...Applicants
IN THE MATTER BETWEEN
Hemendra Haridas Mapara & Ors ...Plaintiffs
Versus
Pujari Apartment Co-operative Hsg Soc Ltd & Ors ...Defendants
Mr Simil Purohit, Senior Advocate, with Rakesh Pandey, i/b Tamsin
Monis, for the Applicants/Plaintiffs in IAL/6173/2024.
Page 1 of 3
::: Uploaded on - 19/08/2024 ::: Downloaded on - 20/08/2024 11:24:53 :::
13-COMS-30-2024.DOC
Mr Shanay Shah, with Neuty Thakkar, i/b Tushar Goradia, for Plaintiff
in IAL/25761/24 and for Defendant No. 1 in Suit.
Mr SC Naidu, with Anukul Seth, for Defendants Nos. 24 to 26.
CORAM: ARIF S. DOCTOR, J
DATED: 19th August 2024
PC:-
1.Interim Application (L) No. 25761 of 2024 and Interim Application (L) No. 25062 of 2024 are not on board. By consent, taken on board.
2. Both these Interim Applications seek condonation of delay in filing the Written Statement of Defendant No. 1 and Defendants Nos. 24 to 26. Learned Counsel appearing for the respective Defendants submits that the delay is within 120 days and thus, submit that the same can be condoned.
3. Having perused the averments made in the Interim Applications, I am satisfied that the interest of justice would require the delay to be condoned and the Written statements to be taken on record. Thus, the delay in filing the Written Statements is condoned.
4. Both Interim Application (L) No. 25761 of 2024 and Interim Application (L) No. 25062 of 2024 are disposed of in these terms.
5. The Learned Counsel submit that these Written Statements may be treated as replies to the Interim Application No. 6173 of 2024.
Page 2 of 3 ::: Uploaded on - 19/08/2024 ::: Downloaded on - 20/08/2024 11:24:53 :::13-COMS-30-2024.DOC
6. Mr Purohit, Learned Senior Advocate appearing on behalf of the Applicants/Plaintiffs, at this stage, submits that the Applicant in Interim Application (L) No. 6173 of 2024 is required the inspection of the necessary minutes of the meeting as also other documents of the Society. Mr Shah, Learned Counsel appearing on behalf of Defendant No. 1 submits that Mr Purohit's client should address a letter to the Society setting out of which documents inspection is sought and the same shall be responded by his clients.
7. List the Interim Application (L) No. 6173 of 2024 for hearing on 30th September 2024.
(ARIF S. DOCTOR, J) Page 3 of 3 ::: Uploaded on - 19/08/2024 ::: Downloaded on - 20/08/2024 11:24:53 :::