Allowed

Fountain Square Residents and Commericial Welfare Association Mumbai v. Shree Shubh Builders Pvt. Ltd. and 9 Ors.

Bombay HC9 Jul 2018LPETN/204/2018

Case brief

AI extract

What is this about?

The High Court granted leave under Order I Rule 8 CPC for an association representing unit purchasers to sue in a representative capacity, directed publication of notice via public advertisement dispensing with personal service.

What did the court decide?

Leave granted to sue in representative capacity subject to publication of notice by public advertisement at plaintiff's expense.

Fountain Square Residents and Commericial… — Civil Procedure and Limitation | Bombay HC (2018)

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8-LPETN204-18.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 204 OF 2018

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IN

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SUIT NO. 189 OF 2017

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Fountain Square Residents and Commercial …Plaintif
Welfare Association Mumbai
Versus
Shree Shubh Builders Pvt Ltd & Ors…Defendants

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Mr RP Shitole, i/b Khare Legal Chambers, for the Plaintiff.
Mr DR Shetty, Court Receiver is present.

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CORAM:G.S. PATEL, J
DATED:9th July 2018

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PC:-

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1.The Petition is for leave under Order I Rule 8 of the Code of
Civil Procedure 1908 to sue in a representative capacity. The
Plaintif is an Association of residents and purchasers of units in a
project called Fountain Square under construction in Oshiwara. The
Plaintifs state that they are unaware of the particulars of every one
of the unit purchasers. Leave is sought on this basis.

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2.I am inclined to grant leave but subject to the Plaintifs giving
at their expense a notice of the institution of this Suit by a public
advertisement in such form as the Prothonotary and Senior Master

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Page 1 of 2
9th July 2018

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8-LPETN204-18.DOC

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may direct since, in my view, personal service is not possible. Leave
granted on these terms.

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3. The Petition is disposed of in these terms. No costs.

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(G. S. PATEL, J)

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Page 2 of 2
9th July 2018

Fountain Square Residents and Commericial Welfare Association Mumbai v. Shree Shubh Builders Pvt. Ltd. and 9 Ors.

Case brief

What is this about?

What did the court decide?

Fountain Square Residents and Commericial Welfare Association Mumbai v. Shree Shubh Builders Pvt. Ltd. and 9 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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