Allowed

Make Waves Sea Resort Pvt. Ltd. v. Chandru L.Raheja and Ors.

Bombay HC24 Jan 2014NMS/1290/2013

Case brief

AI extract

What is this about?

This order allows eight Notices of Motion seeking to set aside the transfer of suits from the Plaintiffs list to the Undefended Suits list. The delay was condoned upon the applicants paying costs of Rs. 80,000 to the plaintiffs and filing written statements by a specified date, subject to the threat of ex-parte decree.

What did the court decide?

All Notices of Motions allowed; payment of Rs. 80,000 as costs condition precedent; written statements filed by 14th February 2014.

Make Waves Sea Resort Pvt. Ltd. Vs Chandru… — Civil Procedure and Limitation | Bombay HC (2014)

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12.nms.1299.13+7.doc

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Shephali

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

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NOTICE OF MOTION NO. 1299 OF 2013
IN

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SUIT NO. 1484 OF 2000

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Mr. Chandru L. Raheja and others.....Applicants
(orig. Defendants)
In the matter of:
Infinity Malls Private Limited.....Plaintiffs
Versus
Chandru L. Raheja and others.....Defendants.

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WITH CHAMBER SUMMONS NO.804 OF 2013 IN

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SUIT NO. 1487 OF 2000 WITH

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CHAMBER SUMMONS NO.872 OF 2013
IN

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SUIT NO. 1491 OF 2000 WITH

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CHAMBER SUMMONS NO. 875 OF 2013 IN

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SUIT NO. 1489 OF 2000 WITH

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CHAMBER SUMMONS NO. 877 OF 2013 IN

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SUIT NO. 1490 OF 2000 WITH

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CHAMBER SUMMONS NO. 878 OF 2013 IN

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SUIT NO. 1486 OF 2000 WITH

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CHAMBER SUMONS NO. 881 OF 2013 IN

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SUIT NO. 1488 OF 2000

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WITH CHAMBER SUMMONS NO. 889 OF 2013 IN

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SUIT NO. 1485 OF 2000 WITH

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NOTICE OF MOTION NO. 1290 OF 2013 IN

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SUIT NO. 1488 OF 2000 WITH

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NOTICE OF MOTION NO. 1291 OF 2013 IN SUIT NO. 1490 OF 2000 WITH

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NOTICE OF MOTION NO. 1292 OF 2013
IN

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SUIT NO. 1486 OF 2000 WITH

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NOTICE OF MOTION NO. 1293 OF 2013 IN

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SUIT NO. 1485 OF 2000 WITH

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NOTICE OF MOTION NO. 1294 OF 2013
IN

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SUIT NO. 1491 OF 2000 WITH NOTICE OF MOTION NO. 1295 OF 2013

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IN

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SUIT NO. 1487 OF 2000
WITH
NOTICE OF MOTION NO. 1297 OF 2013
IN

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SUIT NO. 1489 OF 2000

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____________

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Mr. Rajesh Shah a/w Mr. Shiralkar i/b M/s. Shiralkar & Co. for the
Plaintiffs in all matters.

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Mr. Sandeep Parekh a/w Himanshu Vidhani i/b Wadia Ghandy &
Co. forteh Applicants/Defendants in all matters.

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CORAM: G. S. PATEL, J.

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DATED : JANUARY 24, 2014.

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P.C.:

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1. These are all Notice of Motions taken out to set aside an order passed by the Prothonotary and Senior Master transferring the eight suits to the list of undefended suits. A prayer is made for condonation of the considerable delay in filing these applications.

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2. The suits are all of 2000. It seems that the writ of summons were served only in October 2007, and a copy of the plaint was given to the Defendants only in December 2007. Thereafter, some time was taken on an issue regarding inspection of documents. This went on, inexplicably, right upto February 2009.

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3. Nonetheless, there is an undoubted delay in taking out the applications. The defendants must be put to terms if this delay is to be condoned. On hearing Mr. Parekh, learned Counsel for the defendants, and for the reasons set out in the affidavits in support of these Notices of Motion and on the defendants paying to the plaintiffs a sum of Rs.10,000/- in each of eight matters as costs, i,e., a total of Rs.80,000/-, within two weeks from today, all the Notices of Motions are made absolute in terms of prayer clauses (a), (b), (c) and (d).

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The order for payment of costs shall be a condition
precedent. The registry shall not take the written statements
on file without confirmation of the costs being paid.

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4. The written statements in each case shall be filed no later than 14th February 2014.

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5. List all the suits for framing of issues/ further directions on 24th February 2014. Defendants are put to notice that if the costs are not paid as directed above, the suits will be taken up for ex-parte decree on that date.

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(G. S. PATEL, J.)

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Make Waves Sea Resort Pvt. Ltd. v. Chandru L.Raheja and Ors.

Case brief

What is this about?

What did the court decide?

Make Waves Sea Resort Pvt. Ltd. v. Chandru L.Raheja and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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