Marvel Sigma Homes Private Limited through Its Director Mr Vishwajeet Subhash Jhavar v. Mr. Arunkumar Bajranglal Chamadia

Bombay HC12 Jan 2024WP/45/2024

Case brief

AI extract

What is this about?

Nine writ petitions challenging an order dated 11.08.2023 on whether plaintiffs must pay ad-valorem or restrictive court fees for cancellation of a registered agreement. Court noted it had decided similar issues, directed petitioners to place copies on record, and issued notice to respondents.

What the court decided

AI extract

Marvel Sigma Homes Private Limited through Its… — Civil Procedure and Limitation | Bombay HC (2024)

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1.WP.42.2024+ 9.WP.50.2024doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.42 OF 2024

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Marvel Sigma Homes Private Limited and Ors. Versus

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.. Petitioners

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Manojkumar Ramswaroop Chamadia and Ors. .. Respondents

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WITH WRIT PETITION NO.43 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus

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Ravikant Bajranglal Chamadia and Ors. .. Respondents

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WITH WRIT PETITION NO.44 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus Chandrakant Omprakash Chamadia and Ors. .. Respondents

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WITH WRIT PETITION NO.45 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus

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Arunkumar Bajranglal Chamadia and Ors. .. Respondents

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WITH

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WRIT PETITION NO.46 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus

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Laxmikant Omprakash Chamadia and Ors. .. Respondents

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WITH

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WRIT PETITION NO.47 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus Pavankumar Bajranglal Chamadia and Ors. .. Respondents

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1 of 3

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1.WP.42.2024+ 9.WP.50.2024doc

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WITH WRIT PETITION NO.48 OF 2024

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Marvel Sigma Homes Private Limited and Ors. Versus

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Vishnukumar Madanlal Chamadia and Ors.

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.. Respondents

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WITH WRIT PETITION NO.49 OF 2024

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Marvel Sigma Homes Private Limited and Ors. Versus Shashikant Ramswaroop Chamadia and Ors.

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.. Respondents

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WITH WRIT PETITION NO.50 OF 2024

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Marvel Sigma Homes Private Limited and Ors. .. Petitioners Versus Rajkumar Ramswaroop Chamadia and Ors. .. Respondents

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Mr. Amit Ashok Gharte, Advocate for Petitioners.

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 12, 2024

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P.C.:

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1. Heard Mr. Gharte, learned Advocate for Petitioners.

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2. The order impugned in the Writ Petition is dated 11.08.2023. The controversy is narrow as to whether Petitioners who are Plaintiffs are required to pay ad-valorem fees or restrictive Court Fees in respect of the relief seeking cancellation of Agreement registered between the parties. This Court has already decided similar issues. Petitioners are directed to obtain copies of the same and place them on record.

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3. In the meanwhile, issue notice to the Respondents.

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2 of 3

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1.WP.42.2024+ 9.WP.50.2024doc

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Humdast permitted. In addition to Court’s notice, Petitioners are permitted to serve the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof. Respondents are directed to file Affidavit-in-Reply to the Petition on or before the next adjourned date.

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4. Stand over to 29^th January, 2024 .

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed HARSHADAHANUMANT by HARSHADAHANUMANTSAWANT SAWANT Date: 2024.01.15 11:00:51 +0530

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Marvel Sigma Homes Private Limited through Its Director Mr Vishwajeet Subhash Jhavar v. Mr. Arunkumar Bajranglal Chamadia

Case brief

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What the court decided

Marvel Sigma Homes Private Limited through Its Director Mr Vishwajeet Subhash Jhavar v. Mr. Arunkumar Bajranglal Chamadia

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