Disposed
Mr. Bomab R. Irani v. Mausmi Sa Investments Llc. and 17 Others
Bombay HCCAA/42/2012
Case brief
from the order text
What is this about?
IN THE HIGH COURT
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CAAL 38 of 2012
IN THE HIGH COURT OF JUDICTURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMPANY APPLICATION (L) NO.38 OF 2012 IN COMPANY APPEAL (L) NO.35 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012 WITH COMPANY APPEAL (L) NO.35 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012
.....Appellant/Applicant
Mr.Boman R. Irani .....Appellant/Applicant Versus Mausmi Sa Investments LLC and Ors. …..Respondents
WITH COMPANY APPLICATION (L) NO.40 OF 2012 IN COMPANY APPEAL (L) NO.36 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012 WITH COMPANY APPEAL (L) NO.36 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012
Keystone Realtors Pvt. Ltd. Versus
.....Appellant/Applicant
Mausmi Sa Investments LLC and Ors. …..Respondents
WITH COMPANY APPLICATION (L) NO.41 OF 2012 IN COMPANY APPEAL (L) NO.37 OF 2012 IN
CLB COMPANY PETITION NO.57 OF 2012 WITH
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CAAL 38 of 2012
COMPANY APPEAL (L) NO.37 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012
Mr.Chandresh D. Mehta and Anr. Versus
.....Appellant/Applicant
Mausmi Sa Investments LLC and Ors. …..Respondents
WITH COMPANY APPLICATION (L) NO.42 OF 2012 IN COMPANY APPEAL (L) NO.38 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012 WITH COMPANY APPEAL (L) NO.38 OF 2012 IN
CLB COMPANY PETITION NO.57 OF 2012
Enigma Constructions Pvt. Ltd.
.....Appellant/Applicant
Versus
Mausmi Sa Investments LLC and Ors. …..Respondents
WITH COMPANY APPLICATION (L) NO.43 OF 2012 IN COMPANY APPEAL (L) NO.39 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012 WITH COMPANY APPEAL (L) NO.39 OF 2012 IN CLB COMPANY PETITION NO.57 OF 2012
Credence Property Developers Pvt. Ltd. and Ors.
and Ors. .....Appellant/Applicant Versus Mausmi Sa Investments LLC and Ors. …..Respondents
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CAAL 38 of 2012
Mr.Virag Tulzapurkar, Senior Advocate a/w Mr.Nikhil Sakhardande i/byWadia Ghandy and Co., for Applicant in CAAL 38 of 2012 and for Appellant in COAPP(L) No.35 of 2012.
Mr.S.U.Kamdar, Senior Advocate with Ms.Pooja Patil i/by J.Sagar Associates, for Applicant in CAAL No.40 of 2012 and for Appellants in COAPP (L) No.36 of 2012.
Mr.Iqbal Chagla, Senior Advocate with Mr.P.K.Samdhani, Senior Advocate with Mr.Dhawal Mehta, Ms.Amrita Goel, Mr.Denzil Arambhan, Kr.KaranDua, Ms.Jasmine Sheth, Mr.Krishna Moorthy i/by Wadia Ghandy and Co., for Applicants in CAAL No.41 of 2012 and for Appellants in COAPP(L) No.37 of 2012.
Mr.Suraj Iyer i/by Ganesh and Co., for Applicants in CAAL No.42 of 2012 and for Appellants in COAPP(L) No.38 of 2012.
Mr.Simil Purohit with Mr.Kalpesh Joshi i/by Mr.Kalpesh Joshi, for Applicants in CAAL No.43 of 2012 and for Appellants in COAPP(L) No.39 of 2012.
Mr.Janak Dwarkadas, Senior Advocate with Mr.Zal Andhyarujina, Mr.Sharan Jagtiani, Ms.Ankita Singhania, Mr.Chirag Mody, Mr.Sajit Suvarna, Mr.Samit Shukla, Mr.Munaf uirjee i/by DSK Legal, for Respondent No.1.
CORAM: S.J.KATHAWALLA, J.
DATE: 14th AUGUST 2012
P.C. :
Company Appeal (L) Nos.36 to 39 of 2012 are not on board. Taken on board.
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CAAL 38 of 2012
following order is passed :
(i) The impugned order dated 08th August, 2012 passed by the Member, CLB Western Region Bench, is set aside, without going into the merits of the same.
(ii) The original Respondents to Company Petition No.57 of 2012 shall on or before 24-08-2012 file their Affidavits-in-Reply for the purpose of opposing ad-interim reliefs. Rejoinder if any, to be filed on or before 30-08-2012. The same Schedule shall be applicable to the Company Application Nos.118, 119 and 124 of 2012.
(iii) The learned Member of the CLB, Western Region Bench, shall hear the ad-interim Applications in Company Petition No.57 of 2012 and Company Application Nos.118 of 2012, 119 of 2012 and 124 of 2012 and pass appropriate ad-interim orders thereon on or before 10-09-2012.
(iv) Pending the hearing and final disposal of the above ad-interim Applications, the Respondent Nos.1, 5 and 6 shall not create further third party rights in respect of the available FSI, without obtaining prior permission of this Court.
(v) Except for the above applications, if the parties are desirous of moving any fresh Application/s in Company Petition No.57 of 2012, they shall until further orders, file such Applications directly before this Court.
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CAAL 38 of 2012
(vi) This order shall in no way prejudice any of the contentions of the
parties and all contentions of the parties are kept open.
(vii) The parties agree that no reasons be given in support of this order.
The Company Application (L) Nos.38 of 2012 and 40 to 42 of 2012 as well as Company Appeal (L) Nos.35 to 39 of 2012 are accordingly disposed of.
( S.J.KATHAWALLA, J. )
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Mausmi Sa Investments LLC and Ors.
S.J.Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court