Bombay High Court
Kalpesh K. Dedhia And 2 Ors vs Altius Developers Pvt Ltd And 11 ... on 8 August, 2017
Bench: S.J. Kathawalla
KPPNair 1 NMS 1776 of 2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1776 of 2015
IN
SUIT NO. 512 OF 2013
Lily Realty Private Limited, a Company incorporated )
under the Companies Act, 1956, having its registered )
office at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )..Applicant/
Defendant No.11
In the matter between:
1.
Kalpesh Kantilal Dedhia, )
adult, Indian Inhabitant, son of Kantilal P. Dedhia, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
2. Kantilal P. Dedhia, adult, Indian Inhabitant, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
3. Falguni Rakesh Shah, )
adult, Indian Inhabitant, resident of )
A-604, Parichay Apartments, Vidhya Mandir Road, )
Dahisar (East), Mumbai-400 068 )..Plaintiffs
versus
1. Altius Developers Private Limited, )
a Company incorporated under the )
Companies Act, 1956 and having its )
Registered office at B/3, Prathnastar Building, )
Andheri, Sahar An dheri (East), Mumbai-400 069 )
2. Shailesh Dilip Shah, )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
KPPNair 2 NMS 1776 of 2015
3. Bhavana Shailesh Shah )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
4. Stuti Realty Pvt. Ltd. )
a Company incorporated under the Companies Act, )
1956, having its registered moffice at 3rd floor, )
Bengal Chemical Building, 502, Veer Savarkar )
Marg, Prabhadevi, Mumbai-400 025 )
5. M/s. Altius Pashmina Realty, )
a registered Partnership firm, having )
its registered moffice at A-603, Winsway )
Complex, Old Police Line, Opp. Andheri )
Railway Station, Andheri (E) )
Mumbai-400 069 )
6. M/s. Skylark Habitat, )
a registered Partnership firm, having )
its office at Skylark Chambers )
No. 37/21, Yellappa Chetty Layout, )
Ulsoor Road, Bangalore 560 042 )
7. Mrs. Nishant, d/o Mr. Abbas Khan, adult, )
Indian Inhabitant, resident of No. 2336, HAL, )
3rd Stage, Bangalore-560 017 )
8. Mr. H.B. Abdul Azeem, s/o late )
Mr. H.R. Abdul Basith, adult, Indian )
Inhabitant, presently at No. 10, )
Serpentine Street, Richmond Town, )
Bangalore-560 025 )
9. Mr. L. Umesh, s/o Mr.C. Lakshmaiah, )
adult, Indian Inhabitant, resident of )
No. 85, 4th Main, G.M. Palya, )
Thippasandra Post, Bangalore-560 075 )
10. Ishani Realty Pvt. Ltd. )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
KPPNair 3 NMS 1776 of 2015
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )
11. Lily Realty Private Limited, )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )
12. Asit Koticha, resident of 19th floor )
Rameshwar Apartments, Palkewadi, )
K.D. Marg, Prabhadevi, Mumbai-400 028 )..Defendants
ALONGWITH
NOTICE OF MOTION NO. 1774 OF 2015
IN
SUIT NO. 512 OF 2013
Stuti Realty Pvt. Ltd. )
a Company incorporated under the Companies Act, )
1956, having its registered moffice at 3rd floor, )
Bengal Chemical Building, 502, Veer Savarkar )
Marg, Prabhadevi, Mumbai-400 025 )..Applicant/
Defendant No.4
In the matter between:
1. Kalpesh Kantilal Dedhia, )
adult, Indian Inhabitant, son of Kantilal P. Dedhia, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
2. Kantilal P. Dedhia, adult, Indian Inhabitant, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
3. Falguni Rakesh Shah, )
KPPNair 4 NMS 1776 of 2015
adult, Indian Inhabitant, resident of )
A-604, Parichay Apartments, Vidhya Mandir Road, )
Dahisar (East), Mumbai-400 068 )..Plaintiffs
versus
1. Altius Developers Private Limited, )
a Company incorporated under the )
Companies Act, 1956 and having its )
Registered office at B/3, Prathnastar Building, )
Andheri, Sahar An dheri (East), Mumbai-400 069 )
2. Shailesh Dilip Shah, )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
3. Bhavana Shailesh Shah )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
4. Stuti Realty Pvt. Ltd. )
a Company incorporated under the Companies Act, )
1956, having its registered moffice at 3rd floor, )
Bengal Chemical Building, 502, Veer Savarkar )
Marg, Prabhadevi, Mumbai-400 025 )
5. M/s. Altius Pashmina Realty, )
a registered Partnership firm, having )
its registered moffice at A-603, Winsway )
Complex, Old Police Line, Opp. Andheri )
Railway Station, Andheri (E) )
Mumbai-400 069 )
6. M/s. Skylark Habitat, )
a registered Partnership firm, having )
its office at Skylark Chambers )
No. 37/21, Yellappa Chetty Layout, )
Ulsoor Road, Bangalore 560 042 )
7. Mrs. Nishant, d/o Mr. Abbas Khan, adult, )
KPPNair 5 NMS 1776 of 2015
Indian Inhabitant, resident of No. 2336, HAL, )
3rd Stage, Bangalore-560 017 )
8. Mr. H.B. Abdul Azeem, s/o late )
Mr. H.R. Abdul Basith, adult, Indian )
Inhabitant, presently at No. 10, )
Serpentine Street, Richmond Town, )
Bangalore-560 025 )
9. Mr. L. Umesh, s/o Mr.C. Lakshmaiah, )
adult, Indian Inhabitant, resident of )
No. 85, 4th Main, G.M. Palya, )
Thippasandra Post, Bangalore-560 075 )
10. Ishani Realty Pvt. Ltd. )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )
11. Lily Realty Private Limited, )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )
12. Asit Koticha, resident of 19th floor )
Rameshwar Apartments, Palkewadi, )
K.D. Marg, Prabhadevi, Mumbai-400 028 )..Defendants
ALONGWITH
NOTICE OF MOTION NO. 1775 OF 2015
IN
SUIT NO. 499 OF 2013
Shashwati Realty Pvt. Ltd. )
a company incorporated under the Companies Act, )
1956, having its registered office at 3rd floor, Bengal )
Chemical Building, 502, Veer Savarkar Marg, )
Prabhadevi, Mumbai-400 025 )..Applicant/
Defendant No.4
KPPNair 6 NMS 1776 of 2015
In the matter between
1. Kalpesh Kantilal Dedhia, )
adult, Indian Inhabitant, son of Kantilal P. Dedhia, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
2. Kantilal P. Dedhia, adult, Indian Inhabitant, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
3. Falguni Rakesh Shah, )
adult, Indian Inhabitant, resident of )
A-604, Parichay Apartments, Vidhya Mandir Road, )
Dahisar (East), Mumbai-400 068 )..Plaintiffs
versus
1. Altius Developers Private Limited, )
a Company incorporated under the )
Companies Act, 1956 and having its )
Registered office at B/3, Prathnastar Building, )
Andheri, Sahar An dheri (East), Mumbai-400 069 )
2. Shailesh Dilip Shah, )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
3. Bhavana Shailesh Shah )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
4. Shashwati Realty Pvt. Ltd. )
a company incorporated under the Companies Act, )
1956, having its registered office at 3rd floor, Bengal )
Chemical Building, 502, Veer Savarkar Marg, )
Prabhadevi, Mumbai-400 025 )
KPPNair 7 NMS 1776 of 2015
5. M/s. Pashmina Altius Developers )
a registered Partnership firm, having its registered )
office at A-603, Winsway Complex, Old Police Line, )
Andheri Railway Station, Andheri (E), )
Mumbai-400 069 )
6. K.M. Anantkumar, adult, Indian Inhabitant )
having address at 47/A Nanjundeshwan Layour )
J.P. Nagar, 6th Phase, Bangalore-560 078 )
7. Manohar S. Reddy, adult, Indian Inhabitant, )
having address at Medikere Village, Daddar Gunjan )
Post Chintamani Taluka, )
Chikabauapura, Dist. Bangalore, Karnataka )
8. Ishani Realty Pvt. Ltd. )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )..Defendants
ALONGWITH
NOTICE OF MOTION NO. 1777 OF 2015
IN
SUIT NO. 522 OF 2013
Aahana Realty Pvt. Ltd. )
a company incorporated under the Companies Act, )
1956, having its registered office at 3rd floor, Bengal )
Chemical Building, 502, Veer Savarkar Marg, )
Prabhadevi, Mumbai-400 025 )..Applicant
Defendant No.4
In the matter between:
KPPNair 8 NMS 1776 of 2015
1. Kalpesh Kantilal Dedhia, )
adult, Indian Inhabitant, son of Kantilal P. Dedhia, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
2. Kantilal P. Dedhia, adult, Indian Inhabitant, )
103, Blue Pearl, Vidhya Mandir Road, Dahisar (East) )
Mumbai-400 068 )
3. Falguni Rakesh Shah, )
adult, Indian Inhabitant, resident of )
A-604, Parichay Apartments, Vidhya Mandir Road, )
Dahisar (East), Mumbai-400 068 )..Plaintiffs
versus
1. Altius Developers Private Limited, )
a Company incorporated under the )
Companies Act, 1956 and having its )
Registered office at B/3, Prathnastar Building, )
Andheri, Sahar An dheri (East), Mumbai-400 069 )
2. Shailesh Dilip Shah, )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
3. Bhavana Shailesh Shah )
Indian Inhabitant, resident of A/303 )
Royal Vasundhara, C.S. Road, Near Avdhoor Nagar, )
Dahisar (East), Mumbai-400 068 )
4. Aahana Realty Pvt. Ltd. )
a company incorporated under the Companies Act, )
1956, having its registered office at 3rd floor, Bengal )
Chemical Building, 502, Veer Savarkar Marg, )
Prabhadevi, Mumbai-400 025 )
5. M/s. Pashmina Altius Developers )
a registered Partnership firm, having its registered )
office at A-603, Winsway Complex, Old Police Line, )
Andheri Railway Station, Andheri (E), )
KPPNair 9 NMS 1776 of 2015
Mumbai-400 069 )
6. K.M. Anantkumar, adult, Indian Inhabitant )
having address at 47/A Nanjundeshwan Layour )
J.P. Nagar, 6th Phase, Bangalore-560 078 )
7. Manohar S. Reddy, adult, Indian Inhabitant, )
having address at Medikere Village, Daddar Gunjan )
Post Chintamani Taluka, )
Chikabauapura, Dist. Bangalore, Karnataka )
8. Ishani Realty Pvt. Ltd. )
a Company incorporated and registered under the )
Companies Act, 1956, having its registered office )
at 3rd floor, Bengal Chemicals Building, )
502, Prabhadevi, Mumbai-400 025 )..Defendants
Ms. Prachi Khandge, instructed by M/s. M.P.Vashi & Associates, for the
Plaintiff in Suit No. 499 of 2015.
CORAM: S.J. KATHAWALLA, J.
DATED: 8th August, 2017.
P.C:
Not on Board. Upon mentioning, taken on Board.
This Application is for speaking to the minutes of the judgment dated
18th February, 2016.
In the cause title of the said judgment, on page No. 5 "Suit No. 499 of
2015" be read as "Suit No. 499 of 2013". Registry to rectify the error in the case
status.
(S.J. KATHAWALLA, J.)
