Disposed

Ferani Hotels Pvt. Ltd. v. Suresh Lachhmandas Raheja and 4 Ors.

Bombay HC17 Jan 2007APP/270/2007

Case brief

AI extract

What is this about?

This single bench admitted a civil appeal and listed it for final hearing. The court ordered an independent inspection of the property by a court-appointed commissioner and restricted the use of the resulting report while the matter remained sub judice.

What did the court decide?

The appeal was admitted for final hearing; a commissioner was appointed to inspect the property and submit a report; filing of the paper book was dispensed with.

Ferani Hotels Pvt. Ltd. Vs Suresh Lachhmandas… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶2

 Appeal ‘(Ld) No. 326 of 2007

¶3

 Ferani Hotels Pvt.Ltd. ..Appellant

¶4

vs.

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 1.Suresh Lachhmandas Raheja
 and others ..Respondents

¶6

 Mr.Haresh Salve with Mr.D.J.Khambatta and Mr.Rusi Mody,
 Ms.Meenakshi Grover, and Ms.Ruby Ahuja i/b Amarchand
 Mangaldas and S.A.Shroff and Co. for appellants.
 Mr.I.M.Chagla,Mr.Virag Tulzapurkar, Sr.Counsel, Mr.Ketan
 Parikh, Mr.Lynn Pereira i/b Kanga andCo. for respondent
 no.1.

¶7

 Mr.Janak Dwarkadas i/b M/s Mahimtura andCo. for
 respondent no.2.

¶8

 Ms.Bindi Dave i/b Wadia Ghandy for respondent no.5.

¶9

CORAM: SWATANTER KUMAR C.J.
& S.R.SATHE J.
3rd April, 2007

¶10

P.C.

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 1. Admit.

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 2. Liberty to the respondents to file documents, if any,
 within one week from today. We make it clear that no
 party will be permitted to file any additional document or
 pleadings. The appeal shall be heard strictly on the

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 basis of the pleadings before the learned single Judge.

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 3. Shri Salve argues that the impugned order should be
 stayed. We shall consider it at appropriate time. There
 will be no order of stay at this stage as we propose to

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 list the appeal for final hearing itself. Let the appeal
 be listed on 26th and 27th April, 2007.

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 4. In the mean while, Shri Phiroze Colabawalla, Advocate

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 having his address at Mulla House, 2nd floor, 51,
 M.G.Road, Fort, Mumbai 400 023 who is now appointed as
 Commissioner by consent of the parties, shall visit the
 property in question along with the RCC consultant within
 a period of one week from today, if it is possible for him
 to do so and only make a report, a copy of which shall be
 furnished to the learned Counsel appearing for the parties

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 who may file objections thereto, if any, within a period

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 of one week thereafter. We further make it clear that no
 party shall use the said report for any purpose as the
 matter is subjudice and we restrain the parties to make

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 use of the said report for making comments with regard to
 the quality or making any complaint to any competent
 authority. The Commissioner and RCC consultant shall work
 independently without the aid of any of the parties. In

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 the peculiar facts and circumstances of the case we direct
 dispensation of filing of the paper book. Notice to other
 side is waived.

¶22

(SWATANTER KUMAR C.J.)

¶23

(S.R.SATHE J.)

Ferani Hotels Pvt. Ltd. v. Suresh Lachhmandas Raheja and 4 Ors.

Case brief

What is this about?

What did the court decide?

Ferani Hotels Pvt. Ltd. v. Suresh Lachhmandas Raheja and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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