Bombay High Court
Indiabulls Housing Finance Ltd vs Iirf India Realty Xii Ltd. And Ors on 24 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
10-IA-3389-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3389 OF 2022
IN
COMMERCIAL SUIT NO. 113 OF 2021
Indiabulls Housing Finance Ltd. ...Applicant/Org.
Defendant No. 11
In the matter between
IIRF India Realty XII Ltd. & Anr. ...Plaintiffs
Versus
Shree Ram Urban Indractstrure Ltd. & Ors. ...Defendants
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Mr. Akshay Pai a/w Siddhi Bhosale a/w Mr. Atharva Sane for the
Applicant/Defendant No. 11.
Ms. Madhura Kulkarni i/by Juris Corp for the Plaintiffs.
Mr. Rubin Vakil, Ms. Sonam Mhatre, Insiya Rangwala i/by Dhaval
Vussonji & Associates for the Defendant No. 12.
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CORAM : R.I. CHAGLA J
DATE : 24 January 2023
ORDER :
1. Affidavit of Service dated 19th January 2023 has been tendered by the learned Counsel for the Applicant which shows service on the advocate for the Plaintiffs. Affidavit of Service is taken on record.
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10-IA-3389-22.doc
2. By this Interim Application, the Applicant/Original Defendant No. 11 is seeking condonation of delay in filing the Written Statement and for taking the Written Statement on record.
3. Mr. Akshay Pai, leaned Counsel for the Applicant states that the Interim Application has been taken out on the 120th day (inadvertently mentioned as 84 days in prayer (i) of the Interim Application) by virtue of the extension of limitation as per order of the Supreme Court dated 10th January 2022.
4. Ms. Madhura Kulkarni, learned Counsel appearing for the Plaintiffs has disputed this position and seeks time to file Affidavit in Reply. Accordingly, the Plaintiff shall file Affidavit in Reply within a period of one week from the date of this order.
5. Place the Interim Application on 13th February 2023.
6. At this stage, Mr. Rubin Vakil, learned Counsel for the Defendant No. 12 states that as per order dated 7th January 2023 statement was made that the Writ of Summons is still not served on the Defendant No. 12. The Plaintiffs to take necessary steps to serve 2/3 ::: Uploaded on - 24/01/2023 ::: Downloaded on - 26/01/2023 14:58:10 ::: 10-IA-3389-22.doc the Defendant No. 12 prior to the next date.
7. Mr. Vakil states that the Defendant No. 12 shall place on Affidavit that the Writ of Summons has not been served.
8. Plaintiffs shall also take necessary instructions as to service of Writ of Summons on Defendant No. 12.
9. Ms. Kulkarni for the Plaintiffs makes a statement that an application is being made for bringing on record subsequent events.
10. The application till date has not been made and the learned Counsel for the Plaintiffs has to take instructions as to whether the Plaintiffs are desirous of making any such application and if so, the same shall be filed prior to the next date.
11. Stand over to 13th February 2023.
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