Disposed

Ramesh D Shah and 17 Ors. v. Zenal Construction Pvt. Limited and 11 Ors.

Bombay HC9 Apr 2019CHOL/208/2019

Case brief

AI extract

What is this about?

This single-paragraph order addresses a dispute within the plaintiff group. The court transposed the dissenting Plaintiff No. 1 to Defendant No. 13 to join with the defendants while allowing the settled plaintiffs (Nos. 2-18) to remain plaintiffs. Separate representation was rejected.

What did the court decide?

Plaintiff No. 1 transposed to Defendant No. 13; cost order waived; suit listed for directions.

Ramesh D Shah and 17 Ors. Vs Zenal… — Contract and Commercial Disputes | Bombay HC (2019)

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20-CHOL208-19.DOC

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Atul

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER NO. 208 OF 2019

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IN

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COMMECIAL SUIT NO. 803 OF 2017

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Ramesh D Shah & Ors…Plaintiffs
Versus

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Zenal Construction Pvt Ltd & Ors

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…Defendants

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Mr Uziar Kazi, with Rashmi Salian & Aishwarya Padwal, i/b Vigil
Juris, for the Plaintiffs.
Mr Ameya Gokhale, with Salonee Kulkarni, i/b Shardul Amarchand
Mangaldas & Co., for the Applicant.

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Mr Shreyas Hungmira, i/b VIS Leg IS Law Practice, for Defendants
Nos. 1 to 4.

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Mr AA Mujawar, i/b Economic Law Practice, for Defendants Nos. 5 to
9.

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CORAM: G.S. PATEL, J DATED: 9th April 2019

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PC:-

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1.There is a dispute between the Plaintiffs inter se. Plaintiffs
Nos. 2 to 18 seem to have arrived at a settlement with one or more
of the Defendants. Plaintiff No. 1 has not. His rights are not
acknowledged by one or more of the Defendants. I am also told that
any understanding that Plaintiffs Nos. 2 to 18 have is only in the
Notice of Motion.

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Page 1 of 2
9th April 2019

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20-CHOL208-19.DOC

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2.Since, obviously, there is some understanding between
Plaintiffs Nos. 2 to 18 and Defendants, it is only fair that they
continue as the Plaintiffs. The only Plaintiff who is opposing is
Plaintiff No. 1. He is entitled to adopt independent proceedings. He
will be transposed as Defendant No. 13 and it will be open to him to
take appropriate proceedings, including by filing a Third Party
Notice for the reliefs against fellow Defendants.

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3.Obviously, if present Plaintiffs Nos. 2 to 18 finally settle their
disputes with the Defendants, but present Plaintiff No.1 does not,
then he will be re-transposed as the sole Plaintiff. But until that time
he must be transposed as a defendant. There is no possibility of
allowing the plaintiff to have separate representation, with one set of
advocates for Plaintiff No.1 and another for Plaintiffs Nos.2 to 18.
All plaintiffs must speak with one voice and through a common set
of advocates.

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4. The Chamber Order is disposed of accordingly. There will be no order as to costs.

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5. List Commercial Suit No. 803 of 2017 for directions on 23rd April 2019.

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(G. S. PATEL, J)

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Page 2 of 2
9th April 2019

Ramesh D Shah and 17 Ors. v. Zenal Construction Pvt. Limited and 11 Ors.

Case brief

What is this about?

What did the court decide?

Ramesh D Shah and 17 Ors. v. Zenal Construction Pvt. Limited and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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