Order dismissing one notice of motion due to death of one defendant and standing over/scheduling another matter in a suit between Bhatia and Shah.
Notice of Motion No. 4351 of 2009 dismissed; Notice of Motion No. 579 of 2012 withdrawn; Suit and Notice of Motion No. 155 of 2010 listed for 1.10.2015.
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.
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966.nms.2351.2009 s.2174.2009.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 4351 OF 2009 WITH NOTICE OF MOTION NO. 155 OF 2010 WITH NOTICE OF MOTION NO. 579 OF 2012
IN
SUIT NO. 2174 OF 2009
Dr.Bhatia K. Jamnadas & Ors. .. Plaintiffs
Vs.
Poonamchand N. Shah & Ors. .. Defendants
Mr.Mahesh Vasvani for plaintiffs.
Mr.Vijay M. Vaghela for defendant no.1.
CORAM : K.R.SHRIRAM, J. DATED : 15TH SEPTEMBER, 2015
P.C.
1 The counsel for defendant no.1 states that defendant no.1 expired on 23.12.2012 and that was brought to the notice of the advocate for the plaintiffs soon thereafter. The plaintiffs have not taken any steps despite receiving the intimation and therefore the suit as against defendant no.1 stands abated. The counsel further states that the relief sought in the notice of motion no.4351 of 1999 also is only against defendant no.1, and therefore, the motion will also not survive.
The notice of motion no.4351 of 1999, therefore, is dismissed.
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Shraddha Talekar PA
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966.nms.2351.2009 s.2174.2009.doc
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
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966.nms.2351.2009 s.2174.2009.doc
CERTIFICATE
Certified to be true and correct copy of the original signed
Judgement/Order.
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Shraddha Talekar PA
Dr. Bhatia K. Jamnadas & Ors.
Poonamchand N. Shah & Ors.
K.R. SHRIRAM
none
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
