Interim application to recall an order dated 6 September 2018 and consent terms in First Appeal No. 1288 of 2018, alleging fraud, misuse of a power of attorney, and that one respondent had died before the date of the order. The court directed an affidavit-in-reply and issued notice to the appellant-developer.
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27 Ia-6452-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6452 OF 2024 IN
FIRST APPEAL NO. 1288 OF 2018
Vaishali Vijay Rasal. ...Applicant. In the matter between : M/s. Neumec Estate Develope ...Appellant. Versus Ramnath Sakharam Nikam and Others. ...Respondents.
Mr. Tushar Sonawane i/b Mr. Prashant Hagare for the Applicant. Mr. P. S. Tiwari for the Respondent No. 1 to 7.
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Coram : Sharmila U. Deshmukh, J. Date : September 13, 2024.
P. C. :
1. By this application, the Applicant seeks to recall and set aside the order dated 6th September 2018 and the consent terms passed in First Appeal No. 1288 of 2018 on the ground that the same has been obtained by fraud and seeks restoration of the First Appeal.
2. Learned counsel appearing for Applicant submits that the order dated 6th September 2018 records the presence of the Respondent No. 1 to 7 whereas the Respondent No. 2, i.e., the mother-Anusaya had
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Patil-SR
27 Ia-6452-2024.doc
already expired on that date. He would further submit that the Respondent No. 1 herein in collusion with the Appellant builder has mis-used the power of attorney given by the present Applicant including their mother which could not have been used for the purpose of executing the consent terms.
3. Mr. Tiwari, learned counsel appearing for the Respondent Nos.1 to 7 seeks time to file affidavit-in-reply. Let the affidavit-in-reply be filed before the next date.
4. It will be necessary to issue notice to the Appellant – Developer since no vakalatnama has been filed on his behalf. Issue notice to the Appellant-Developer returnable on 11th October, 2024 . In addition to Court notice, advocate for the Applicant to serve the AppellantDeveloper by private notice by all possible modes of service and file affidavit of service before the next date.
[Sharmila U. Deshmukh, J.]
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Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 18/09/2024 20:53:11
1 issue framed by the court
Should the order dated 6 September 2018 and consent terms in First Appeal No. 1288 of 2018 be recalled on the ground of fraud?
Vaishali Vijay Rasal
M/s. Neumec Estate Develope
Ramnath Sakharam Nikam and Others
Sharmila U. Deshmukh
As recorded by the court registry
13 orders share this CNR
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