Aziz Amirali Ghesani And Anr vs Ibrahim Currim And Sons And 3 Ors
2021 Latest Caselaw 16806 Bom

                                                                                      37-sj-59-2021.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                       SUMMONS FOR JUDGMENT NO.59 OF 2021
                                                      IN
                                      COMMERCIAL SUMMARY SUIT NO.56 OF 2021

VISHAL                Aziz Amirali Ghesani and Another                      ...Plaintiff
SUBHASH                         vs.
PAREKAR               Ibrahim Currim and Sons and Others                    ...Defendants
Digitally signed by
VISHAL SUBHASH
PAREKAR
Date: 2021.12.03
18:29:38 +0530
                      Mr. Rashmin Khandekar a/w. Karishni Khanna i/b. Mr. Amit
                      Tungare and Ms. Jill Rooricks, for the Plaintiff.
                      Mr. Chaitanya Cchran a/w. Mr. Sagar Parab i/b. Vigil Juris, for
                      Defendant Nos. 1 and 2.
                      Mr. Jamsheed Master, Ms. Ahita Mishra, Ms. Sneha Patil i/b. Ms.
                      Natasha Bhot, for Defendant No. 3
                      Mr. Purazar Fouzdar a/w. Ms. Radhika Motiani, for Defendant No. 4.

                                               CORAM :    N. J. JAMADAR, J.

                                               DATE :     DECEMBER 03, 2021

                      P.C.:

                      .       Heard the learned counsel for the parties.

2. The learned counsel for defendants submit that in the affdavit

in rejoinder certain documents have been introduced by the

plaintiff which were not part of the plaint.

3. The learned counsels seeks leave to fle a sur rejoinder to deal

with the documents which are newly introduced.

4. Mr. Khandekar, learned counsel for the plaintiff disputes the

position that the documents were newly introduced.

5. Nonetheless, in order to provide an effective opportunity to

the defendants, time is granted till 10th December, 2021 to fle

Vishal Parekar, P.A. ...1 37-sj-59-2021.doc

affdavit in sur rejoinder restricted to new matters/documents

introduced in affdavit in rejoinder, and serve its copy on the

plaintiff.

6. Summons for Judgment be listed for hearing on 15 th

December, 2021.

                                    (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                               ...2