Disposed

Shashipal Shankar and 3 Ors. v. 1(a) Feroza Chavda and 9 Others

Bombay HC5 Sept 2019NMS/1058/2018

Case brief

AI extract

What is this about?

Single judge order disposing of procedural motions in pending suits. Allowed withdrawal of one motion, confirmed interim order, made chamber summons absolute for filing additional written statement, and listed remaining notices for hearing.

What did the court decide?

Withdrawal of NMS 1058/2018 allowed; Chamber Summons 1375/2018 made absolute for filing additional written statement within two weeks; remaining NMs listed for hearing on 25.09.2019.

Shashipal Shankar and 3 Ors. Vs 1(a) Feroza… — Civil Procedure and Limitation | Bombay HC (2019)

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907- NMS 1931 of 2011

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

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NOTICE ON MOTION NO. 1931 OF 2011 IN

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SUITS 1384 OF 2011

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Shashipal Shankar & Ors. .. Petitioners/plaintiffs

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VERSUS

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Shoaib S. Merchant and 2 Ors. .. Respondent/defendant

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ALONGWITH NOTICE OF MOTION NO.1179/2017 ALONGWITH NOTICE OF MOTION NO. 679 OF 2017 ALONGWITH NOTICE OF MOTION NO. 1058 OF 2018 ALONGWITH NOTICE OF MOTION NO.1121 OF 2018 ALONGWITH

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CHAMBER SUMMONS NO.1375 OF 2018

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Mr. Nilesh Modi, A/W. Mr. Drishti Modi, I/B. Rustamji & Ginwala for the plaintiffs in S. 1348/2011 & for Applicant in NMS No.1931/2011 and NMS 1058/2018

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Mr. Roop M. Vasudeo for defendant Nos.3, 4 & 7 in Suit No.1384/2011

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Ms. Ferzana Behramkamdin a/w. Bharati Bhansali, i/b. FZB & Associates for the defendant No.2 in Suit No.1384/2011 & for the applicant in CHS No.1375/2018.

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CORAM : A.K. MENON, J. DATED : 5^th SEPTEMBER, 2019.

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P.C. :

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The Court receiver is already appointed in this

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Shinde H.R. 1/3

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907- NMS 1931 of 2011

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motion. The earlier orders passed in this motion shall continue as interim orders pending the suit.

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Since receiver is already appointed in this motion Mr. Modi submits that motion No. 1058/2018 will not survive. He seeks a leave to withdraw that notice of motion.

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Chamber summons No.1375/2018 is taken out by defendant No.2 seeking leave to file an additional written statement. None of the parties have any objection.

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Accordingly, the following order is passed -

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(i) Notice of Motion No. 1058 of 2018 is allowed to be withdrawn.

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(ii) Order dated 6^th “February, 2017 is confirmed as the interim order in the suit. Notice of motion No.1931 of 2011 is disposed in the aforesaid terms.

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(iii) Chamber summons No. 1375 of 2018 made absolute in terms of prayer clause (a). Additional written statement to be filed within two weeks. Copies to be served forthwith thereafter.

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Shinde H.R. 2/3

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907- NMS 1931 of 2011

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(iv) Stand over to 25.09.2019 for hearing on the remaining Notices of motion.

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(A.K. MENON, J.)

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Shinde H.R. 3/3

Shashipal Shankar and 3 Ors. v. 1(a) Feroza Chavda and 9 Others

Case brief

What is this about?

What did the court decide?

Shashipal Shankar and 3 Ors. v. 1(a) Feroza Chavda and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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