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Bombay High Court

Paras Shantilal Porwal And 3 Ors vs M/S Rohan Developers Pvt Ltd And 6 Ors on 10 July, 2019

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

        Ladda

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Radhakishan
S. Ladda                                  ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
Radhakishan S.
Ladda



                                              NOTICE OF MOTION No. 1726 of 2015
Date: 2019.07.10
17:22:26 +0530




                                                             IN
                                                     SUIT No.819 of 2013


                      Paras Shantilal Porwal & Ors                             ..Applicants.

                      In the matter between:-

                      Paras Shantilal Porwal & Ors                             ..Plaintiffs.
                           Vs
                      M/s Rohan Developers Pvt. Ltd. & Ors                     ..Defendants.

                      Ms. Nita Solanki I/by Kiran Jain & Co. for the Plaintiffs.
                      Mr. Rishabh Ranka I/by Kanga & Co. for Defendant Nos. 1 to 4 and 8.
                      Mr. Cyrus Ardeshir a/with Ms. Prachi Dhanaani and Ms. Nikita
                      Panse I/by Veritas Legal for Defendant Nos. 5 to 7.


                                                    CORAM : B. P. COLABAWALLA, J.

DATED :- 10 th July, 2019.

P.C. :-

1. By my order dated 19th June, 2019 Paragraphs 20A, 21A, 26A and 26B were ordered to be deleted from the body of the plaint and which was sought to be incorporated pursuant to the order passed by this Court on 28th August, 2015. The plaintiffs were further directed to carry out the amendment of deletion of the aforesaid Paragraphs within a period of one week from the said date. 1/2

4-nms-1726-15.doc The plaintiffs also undertook to pay costs of Rs.1,00,000/- to the Tata Memorial Hospital, Mumbai.

2. Today when the matter is called out, the learned Advocate appearing on behalf of the plaintiffs states that the plaint has been duly amended by deleting the aforesaid Paragraphs and the costs of Rs.1,00,000/- have also been paid to the Tata Memorial Hospital, Mumbai. She, however, states that since the status of defendant Nos. 5 to 7 has changed, she has also filed Chamber Summons (Lodging) No. 892 of 2019 to bring these subsequent events on record.

3. Mr. Ardeshir, learned Counsel appearing on behalf of defendant Nos. 5 to 7 seeks further time to file an affidavit-in-reply to the above Notice of Motion.

4. In these circumstances, place the Notice of Motion on 24th July, 2019 along with Chamber Summons (Lodging) No.892 of 2019 for hearing.

(B.P. COLABAWALLA, J.) 2/2 4-nms-1726-15.doc