Partly allowed

Cedric Merwyn Creado and Anr. v. Akruti Nirman Pvt. Ltd. 21 Ors. and Shivram Shivjor Yadav and Anr. (Applicants)

Bombay HC22 Jul 2019NMS/1102/2019

Case brief

AI extract

What is this about?

Notice of Motion allowed for restoration of a Chamber Summons. Additionally, time was granted for filing affidavits-in-reply to various chamber summons, and hearings were listed for future dates.

What did the court decide?

Notice of Motion allowed in terms of prayer clauses (a), (b) & (c). Chamber Summons No. 77 of 2019 restored. Notice of Motion disposed of.

Cedric Merwyn Creado and Anr. Vs Akruti Nirman… — Civil Procedure and Limitation | Bombay HC (2019)

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37.NMS-1102-19 .doc

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Tandle

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

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NOTICE OF MOTION NO. 1102 OF 2019

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CHAMBER SUMMONS NO. 77 OF 2019 IN

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SUIT NO. 206 OF 2019

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Shivram Shivjor Yadav & Anr.

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… Applicants.

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In the matter between

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Cedric Merwyn Creado & Anr. … Plaintiffs. Versus Akruti Nirman Pvt. Ltd. & Ors. … Defendants.

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. . . . . .

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Mr. Shriram Kulkarni a/w Ms. Minal V. Chavan i/b Sonkar

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Harischandra Shriram for Plaintiff.

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Mr. Anukul B. Seth i/b P. V. Thorat for Defendant Nos. 1, 2 & 12.

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Mr. Ashish Kamat i/b Anil Mishra for Defendant Nos. 14 & 15.

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Mr. Anoop U. Patil for Defendant No. 17.

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Mr. Kedar Dighe, AGP for Defendant Nos. 18 to 20.

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Mr. Vijendra Kumar Rai for Applicant in NMS/1120/2019;

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Mr. Sandeep Parikh i/b V. B. Singh for Applicant in CHSL/945/2019. Mr. Dadasaheb Shingade for MCGM.

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. . . . . .

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CORAM : K. R. SHRIRAM, J. DATE : 22^nd JULY, 2019

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P. C. :

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Mr. Kulkarni for Plaintiff states that, without prejudice to

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the plaintiff's rights and contentions, this Notice of Motion for restoration of Chamber Summons no. 77 of 2019 be allowed.

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37.NMS-1102-19 .doc

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In view thereof, Notice of Motion allowed in terms of prayer Clause (a), (b) & (c). Chamber Summons No. 77 of 2019 restored to file.

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Notice of motion accordingly stand disposed of.

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NOTICE OF MOTION NO. 590 OF 2019 IN

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SUIT NO. 206 OF 2019

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Mr. Kulkarni states that, reply of BMC and SRA has been served upon him and Mr. Kulkarni requested that matter be stood over, so that he can take instructions and if required file a response affidavit.

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Mr. Kamat for Defendant Nos. 14 & 15 also wants to file Affidavit-in-reply. So also the other defendants.

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Affidavit-in-reply to be filed and copy served within two weeks from today. Rejoinder, if any, to be filed and copy served within two weeks thereafter.

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Notice of Motion to be listed for hearing after five weeks.

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In the meanwhile, Chamber Summons No. 77 of 2019 and Chamber Summons (L) No. 945 of 2019 be listed for hearing.

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Plaintiff has filed reply only to Chamber Summons No.

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37.NMS-1102-19 .doc

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77 of 2019, whereas for the other Chamber Summons Mr. Kulkarni seeks two weeks time to file a reply. Time granted.

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Rejoinder, if any, to be filed within one week after receiving the reply.

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Chamber Summons No. 77 of 2019 and Chamber Summons (L) No. 945 of 2019 be listed for hearing on 19^th August, 2019.

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Notice of Motion be listed for hearing on 27^th August, 2019.

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(K. R. SHRIRAM, J.)

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Cedric Merwyn Creado and Anr. v. Akruti Nirman Pvt. Ltd. 21 Ors. and Shivram Shivjor Yadav and Anr. (Applicants)

Case brief

What is this about?

What did the court decide?

Cedric Merwyn Creado and Anr. v. Akruti Nirman Pvt. Ltd. 21 Ors. and Shivram Shivjor Yadav and Anr. (Applicants)

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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