The High Court at Bombay disposed of two interim applications as infructuous based on an identical order passed in an interim application on the same date, without granting specific relief in this order.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.3021 OF 2021 in SUIT NO.396 OF 2006
| Apex Constructions | ] .. Applicant |
|---|---|
| In the matter between | |
| Adarsh Water Parks and Resort Pvt. Ltd. Vs. |
] .. Plaintiff |
| 1. Abdul Rashid Abdul Rehman Yusuf(Deleted) | ] |
| 2. Farooq Abdul Rashid Yusuf | ] |
| 3. Nishta Developers Pvt. Ltd. | ] |
| Through its Director-Rajesh H. Zaveri | ] |
| 4. Rajheer Megaprojects Pvt. Ltd. | ] |
| Through its Director-Rajesh H. Zaveri | ] |
| 5. Rajesh H. Zaveri | ] |
| 6. Adil Y. Patel | ] .. Defendants |
| AND INTERIM APPLICATION NO.3028 OF 2021 in SUIT NO |
.396 OF 2006 |
| Jolly Anil India Ltd. | ] .. Applicant |
| In the matter between | |
| Adarsh Water Parks and Resort Pvt. Ltd. Vs. |
] .. Plaintiff |
| 1. Abdul Rashid Abdul Rehman Yusuf(Deleted) | ] |
| 2. Farooq Abdul Rashid Yusuf | ] |
| 3. Nishta Developers Pvt. Ltd. | ] |
| Through its Director-Rajesh H. Zaveri | ] |
| 4. Rajheer Megaprojects Pvt. Ltd. | ] |
| Through its Director-Rajesh H. Zaveri | ] |
| 5. Rajesh H. Zaveri | ] |
| 6. Adil Y. Patel | ] .. Defendants |
| And | |
| State of Maharashtra, | ] |
| Through the Collector, Mumbai Suburban District, Mumbai | ] .. Respondent |
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902-IA-3021-2021 & IA-3028-2021.doc Dixit
Interim Application No.3028 of 2021
Mr. Navroz Seervai, Sr. Advocate, with Mr. Chetan Kapadia, Ms. Nupur Jalan and Ms. Vidhisha Rohira, i/by Dastur Kalambi & Associates, for the Applicant.
Mr. Shailesh Shah, Sr. Advocate, with Mr. Simil Purohit, Mr. Hemang Raythattha, Mr. S.M. Seegrala and Ms. Shalaka Chamboowala, i/by RMG Law Associates, for the Plaintiff.
Mr. Ravi Kadam, Sr. Advocate, with Mr. Zubin Behramkamdin and Mr. Karl Tamboly, i/by Ms. Ekta Dalvi, for Defendant No.2-Farooq Abdul Rashid Yusuf.
Mr. Rishikesh Soni, i/by Mr. Vishal Acharya, for Defendant No.3-Nishta Developers Pvt. Ltd.
Mr. Mayur Khandeparkar, i/by Ms. Mona Vyas, for Defendant Nos.5 and 6. Mr. Himanshu Takke, AGP for the State of Maharashtra.
Interim Application No.3021 of 2021
Mr. Dinyar Madon, Sr. Advocate, with Mr. Chetan Kapadia and Ms. Vidisha Rohira, i/ by Dastur Kalambi & Associates, for the Applicant.
Mr. Simil Purohit, with Mr. Hemang Raythattha, S. Seegarla, Mr. Swapnil Shikhare and Ms. Shalaka Chamboowala, i/by RMG Law Associates, for the Plaintiff. Ms. Ekta Dalvi for Defendant No.2.
Mr. Rishikesh Soni, i/by Mr. Vishal Acharya, for Defendant No.3.
Mr. Mayur Khandeparkar, i/by Ms. Mona Vyas, for Defendant Nos.5 and 6.
CORAM : A. K. MENON, J. DATE : 15TH JUNE, 2022.
ORAL ORDER :
In view of the order passed in Interim Application No.1575 of 2022 of the even date, facts of which are identical to the present interim applications, Interim Application No.3021 of 2021 filed by M/s. Apex Constructions and Interim Application No.3028 of 2021 filed by Jolly Anil India Ltd. are rendered infructuous and the same are accordingly disposed.
(A.K. MENON, J.)
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Digitally signed SNEHA by SNEHAABHAY DIXIT ABHAY Date: 2022.06.21 DIXIT 18:23:38+0530
902-IA-3021-2021 & IA-3028-2021.doc Dixit
Apex Constructions
Jolly Anil India Ltd.
Abdul Rashid Abdul Rehman Yusuf
Farooq Abdul Rashid Yusuf
Nishta Developers Pvt. Ltd.
A. K. MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
