Bombay High Court
Cedric Merwyn Creado And Anr vs Akruti Nirman Pvt Ltd 21 Ors And Shivram ... on 12 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
2019:BHC-OS:6827
26-CHS 77.2019 in SUIT 206.2019 .doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.77 OF 2019
IN
SUIT NO.206 OF 2019
Shivram Balijor Yadav & Anr. ...Applicants
In the matter between
Cedric Merwyn Creado
Through his Constituted Attorney
Mr. Sunil Henry Continuo
& Anr., ...Plaintiffs
Versus
Akruti Nirman Pvt. Ltd. & Ors., ...Defendants
WITH
NOTICE OF MOTION NO.2218 OF 2019
IN
SUIT NO.206 OF 2019
Harinagar Sayukta Co-Op. Housing ...Applicants
Society & Anr. (Original Defendant Nos. 14 &
15)
In the matter between
Cedric Merwyn Creado
Through his Constituted Attorney
Mr. Sunil Henry Continuo & Anr., ...Plaintiffs
Versus
Akruti Nirman Pvt. Ltd. & Ors., ...Defendants
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26-CHS 77.2019 in SUIT 206.2019 .doc
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Mr. A. Narula i/b Jhangiani Narula & Associates, Advocate for
Plaintiff.
Mr. Vijendra Kumar Rai a/w C.P. Yadav, Advocate for Applicants in
Chamber Summons.
Mr. Anukul Seth, Advocate for Defendant No.1, 3 and 12.
Ms. Sheetal Metkari a/w Sunil Sonawane, Advocates for Defendant
No.16/BMC.
Mr. Kedar Dighe, AGP for Defendant No.18 to 20/State.
Mr. Ashish Kamat a/w Simantini Mohite i/b A.R. Mishra for
Defendant No.13 to 15 and for Applicant in Notice of Motion
No.2218 of 2019.
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CORAM : R.I. CHAGLA J.
DATE : 12TH JANUARY, 2023.
ORDER :
1. Notice of Motion No.2218 of 2019 not on Board, taken on Board.
2. The learned Counsel appearing for the Applicants in the above Notice of Motion states that the Notice of Motion is pending for hearing. The restoration of Chamber Summons No.77 of 2019 which has been taken out by the Applicants / Intervener, was allowed on 22nd July, 2019. By the said order the parties opposing the Chamber Summons, were directed to file their Affidavit in Reply within a period of two weeks form the date of said order. The rejoinder was 2/3 ::: Uploaded on - 20/01/2023 ::: Downloaded on - 29/05/2023 05:59:29 ::: 26-CHS 77.2019 in SUIT 206.2019 .doc to be filed within one week thereafter. It was noted that the Plaintiff had filed reply to Chamber Summons No.77 of 2019.
3. The learned Counsel appearing for the Applicant in Chamber Summons No.77 of 2019 states that no Affidavits in Reply have been filed subsequent to order dated 22nd July, 2019.
4. Accordingly, the Respondents to the Chamber Summons shall file their Affidavit in Reply within a period of two weeks from the date of this order.
5. The Applicants in Chamber Summons No.77 of 2019 shall file their Affidavit in Rejoinder within a period of one week thereafter.
6. This Chamber Summons alongwith Notice of Motion No.2218 of 2019 for rejection of the Plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 and Notice of Motion No.590 of 2019 shall be listed on the next date.
7. Place the matter on 21st February, 2023.
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