Bombay High Court
Ambrosia Restaurants Pvt Ltd vs Sunita Dileep Nevatia And Anr on 4 March, 2019
Author: K.R. Shriram
Bench: K.R.Shriram
1/2 nmsl-52-19(11).doc
lIN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO.52 OF 2019
IN
SUIT (L) NO.31 OF 2019
Ambrosia Restaurants Pvt Ltd. ..Plaintiff
Vs.
Sunits Dileep Nevatia & Anr ..Defendants
Mr. Pradeep Havnur for Plaintiff
Mr. Dileep Balkrishna Nevatia Defendant No.2 appears in person
Mr. Gaurav Joshi, Senior Advocate a/w Ms Neeta Jain and Mr. Avinash
Joshi I/b Mulla and Mulla for intervener / Applicant in NMSL/585/2019
CORAM : K.R.SHRIRAM, J.
DATE : 4th MARCH, 2019 P.C.:
1 Mr. Nivatia- Defendant No.2 appearing in person for defendants states that he has taken out a notice of motion under Order 7 Rule 11 of the CPC, being notice of motion No.541 of 2019, which has to be heard before the notice of motion filed by plaintiff, is considered. 2 Mr. Joshi appearing for the estate of Ms Snehalata Nivatia states that property which is the subject matter of the suit, could not have been given on leave and licence by defendants and, therefore, the executors have filed a notice of motion (l) no.585 of 2019, to intervene. 3 Mr. Havnur appearing for plaintiff obviously states that both the notices of motion taken out by defendants and Mr. Joshi's client, are not maintainable and he wishes to file the affidavit in reply to Mr.Joshi's notice Meera Jadhav ::: Uploaded on - 06/03/2019 ::: Downloaded on - 13/03/2019 08:27:05 ::: 2/2 nmsl-52-19(11).doc of motion. Mr. Havnur states that the reply to the notice of motion taken out by Mr. Nivatia is ready and will be lodged in the registry during the course of this week. Copy is also been given to Mr. Nivatia. 4 Affidavit in reply to Mr. Joshi's notice of motion to be filed and copy served within two weeks from today. Rejoinder, if any, to be filed and copy served within two weeks thereafter. All the three notices of motion be listed together for hearing on 30th April, 2019. Intervention application will be heard first and then the other notices of motion will be heard. 5 Within three weeks all office objections in the notice of motion and the suit to be removed and the notice of motion and suit be numbered, failing which the suit as well as the notice of motion may get dismissed for want of prosecution.
(K.R. SHRIRAM, J.) Meera Jadhav ::: Uploaded on - 06/03/2019 ::: Downloaded on - 13/03/2019 08:27:05 :::