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Bombay High Court

Khanna Rayon Industries Pvt.Ltd vs Swastik Associates And 7 Ors on 14 January, 2021

Author: A. K. Menon

Bench: A. K. Menon

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    ORDINARY ORIGINAL CIVIL JURISDICTION

                      INTERIM APPLICATION NO. 686 OF 2020

                                      IN

                        COMMERCIAL SUIT NO. 316 OF 2020



Swastik Associates & Ors.                    ...    Applicant

In the matter between

Khanna Rayon Industries Pvt. Ltd.            ...    Plaintiff


         vs.
Swastik Associates & Ors.                    ...    Defendants


Mr. Aditya Mehta i/b. M/s. Shah & Sanghavi for Respondent / Applicant
Ms. Sheetal Shah i/b. M/s Mehta and Girdharlal for Plaintiff /
Respondent

                                        CORAM : A. K. MENON, J.

DATED : 14th JANUARY, 2021.

P.C. :

1. Vide order dated 24th February, 2020 consent minutes signed by the parties and their Advocate were made an order of this Court requiring M/s. Vora and Associates Structural Engineers to make a feasibility report which was to be treated as final and binding and which neither parties could challenge.
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11-IA-686-2020-COMS-316-2020.doc rrpillai

2. Today both counsel submit that the report has been filed in the Court and they request that copies of the report may be furnished to both parties so that the interim application can be proceeded with.

3. On behalf of the applicant it is submitted that the professional charges of the Architect have already been paid. Statement is accepted. In view thereof I pass the following order :

(i) Prothonotary and Senior Master to open the sealed cover containing the opinion of the Architect and furnish photocopies to both applicants and respondents Advocate within a period of two weeks from today.
                  (ii)          Liberty to apply.


                                                                               (A. K. MENON, J.)



             Digitally signed
             by Rajeshwari
             R. Pillai
Rajeshwari
             Date:
R. Pillai    2021.01.14
             18:15:46
             +0530




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11-IA-686-2020-COMS-316-2020.doc rrpillai