Disposed
Oxford Constructions and Infraprojects v. Anant R. Vaity and 16 Ors.
Bombay HCNMS/547/2013
Case brief
from the order text
What is this about?
5472013.doc IN THE HIGH COURT OF JUDICATURE…
What the court decided
AI extract
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 547 OF 2013 IN SUIT NO. 2320 OF 2012
M/s.Oxford Constructions & Infraprojects …Applicant / Plaintiff vs. Anant Raghunath Vaity & Ors. ...Defendants
Anant Raghunath Vaity & Ors.
Mr.Deepak Shukla i/b. M/s.Vinod Mistry & Co. for Plaintiff. None for Defendants.
CORAM : S.C. GUPTE, J.
23 JULY 2014
P.C. :
The Notice of Motion is taken out by the Plaintiff for a temporary injunction restraining the Defendants from creating any third party rights or parting with possession of the suit property.
2 By an order dated 9 September 2011, this Court, by an ad-interim order, directed all the parties to maintain status quo in respect of the suit property. It was clarified that the order would not preclude the Plaintiff from complying with its obligations under the agreement for the purpose of perfecting the Defendants' title in the suit property and that the order would be without prejudice to the rights of the parties.
3 After the ad-interim order was passed, the registered Notice of Motion was served again on the Defendants. An affidavit in proof of service has been filed by the Plaintiff.
4 When the matter last appeared before the Court on 9 September 2011, none appeared for the Defendants. Today also, none appears for the Defendants. The ad-interim order passed by this Court on 9 September 2011 is
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accordingly continued during the pendency of the suit subject to the clarifications, noted above.
6 In spite of service of writ of summons, no written statement has been filed by any of the Defendants. The suit is already transferred to the list of “Undefended suits” by an order passed by the Prothonotary & Senior Master of this Court on 24 June 2013. Place this suit for exparte decree on 22 August 2014.
(S.C. Gupte, J.)
M/s. Oxford Constructions & Infraprojects
Anant Raghunath Vaity & Ors.
S.C. GUPTE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court