M/S.Mayur Enterprises and Anr. Vs Neville Ignatius Gomes and 7 Ors.

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

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CHAMBER SUMMONS NO. 737 OF 2014 IN SUIT NO. 1807 OF 1995

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M/s.Mayur Enterprises …Applicant / Orig.Plaintiff No.1 In the matter between M/s.Mayur Enterprises & Anr. ...Plaintiffs vs. Mr.Neville Ignatius Gomes & Ors. ...Defendants

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Ms.Deepti Panda i/b. M/s.Pardiwala & co. for Plaintiffs. None for Defendants.

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CORAM : S.C. GUPTE, J.

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21 AUGUST 2014

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P.C. :

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This is a suit filed by the Plaintiffs for specific performance of an agreement for sale dated 6 July 1988. By this Chamber summons, the Applicant / Plaintiff No.1 seeks to bring on record certain subsequent events which have occurred after filing of the present suit, in particular, a deed of confirmation executed on 12 January 2005, by which Defendant No.1 has confirmed agreement for sale dated 14 October 1991 executed by Defendant No.1 in favour of the Plaintiffs. The Plaintiffs have taken further steps in pursuance of the suit agreement for sale as well as agreement of 14 October 1991 and the deed of confirmation of 12 January 2005. The Plaintiffs intend to bring these subsequent developments on record by means of the present amendment application.

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2 Defendant Nos.1 to 3 and 6 have not appeared in the suit earlier. Defendant Nos.4, 5 and 7 appear through Advocates, but none appears today on behalf of these Defendants, despite service.

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3 Learned Counsel for the Plaintiffs undertakes to file an affidavit in proof of service within a period of one week from today.

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4 For the reasons stated in the Plaintiff's affidavit in support of the Chamber summons, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within a period of two weeks from today. Amended copy of the plaint to be served on Defendant Nos.4, 5 and 7.

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(S.C. Gupte, J.)

M/S.Mayur Enterprises and Anr. v. Neville Ignatius Gomes and 7 Ors.

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M/S.Mayur Enterprises and Anr. v. Neville Ignatius Gomes and 7 Ors.

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