Dr. Rustum Sam Boyce v. M/S Astrix Reality Thr. Its Partner and Anr.

Bombay HC12 Mar 2024WP/2194/2024

Case brief

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What is this about?

Interim procedural order in a writ petition challenging execution proceedings. Court directed respondent no.1 to file an affidavit-in-reply, issued notice to unrepresented respondent no.2 with liberty to serve the petition, and clarified that execution proceedings before the Executing Court were not stayed. Petition to be disposed at admission stage on the adjourned date.

What the court decided

AI extract

Dr. Rustum Sam Boyce vs M/S Astrix Reality Thr. Its… — Execution and Attachment | Bombay HC (2024)

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12.wp.2194.24.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2194 OF 2024

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Dr. Rustum San Boyce .. Petitioner Versus M/s. Astrix Reality Through its Partner and Anr. .. Respondents

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Mr. Jaydeep Deo, Advocate for Petitioner.

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Mr. Sumit Kothari a/w. Ms. Deepashikha Godbole, Advocate for Respondent No.1.

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CORAM : MILIND N. JADHAV, J. DATE : APRIL 08, 2024.

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P.C.:

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1. I have heard Mr. Deo, learned Advocate for the Petitioner

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and Mr. Kothari, learned Advocate for Respondent No.1 for some time. Today, none appears for Respondent No.2.

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2. Respondent No.1 is directed to file Affidavit-in-Reply within

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a period of one week from today. Copy of Affidavit-in-Reply shall be served on Mr. Deo in advance.

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3. Issue notice to Respondent No.2. Humdast permitted.

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4. In addition to Court notice, Petitioner is permitted to serve a

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copy of the Petition and this order on the Respondent Nos.2 and inform it about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

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12.wp.2194.24.doc

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5. Unrepresented Respondent No.2 is directed to remain present in Court on the next adjourned date either by themselves or through Advocates.

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6. After receiving the notice, Respondent No.2 is directed to file its Affidavit-in-Reply on or before the next date.

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7. Rejoinder, if any, to be filed within one week thereafter.

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8. It is clarified that, the present Writ Petition shall be disposed

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of on the next adjourned date at the stage of admission itself.

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9. It is clarified that this Court has not stayed the Execution proceedings at all and the Executing Court shall proceed with the Execution proceedings.

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10. Stand over to 22^nd April, 2024 at 02:30 p.m .

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Ajay

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Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2024.04.08 19:33:47 +0530

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Dr. Rustum Sam Boyce v. M/S Astrix Reality Thr. Its Partner and Anr.

Case brief

What is this about?

What the court decided

Dr. Rustum Sam Boyce v. M/S Astrix Reality Thr. Its Partner and Anr.

Case brief

What is this about?

What the court decided

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