J. S. W. Energy (Ratnagiri) Ltd vs M/S. Mahindra Holidays And Resort ...
2021 Latest Caselaw 2434 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO.463 OF 2021



     J.S.W. Energy (Ratnagiri) Limited               ....   Petitioner

              Vs.

     M/s Mahindra Holidays and Resorts....                    Respondents
     India Ltd. & Ors.


     Mr. Shrikrishna Ganbavale a/w Kush M. Lahankar for Petitioner.


                                         Coram : NITIN W. SAMBRE, J.

Date : 5TH FEBRUARY, 2021 P.C.:

1. Learned counsel for the Petitioner-Defendant No.11 in the

Suit submits that his source of title is from defendant Nos. 8 to 10, who

have purchased the property in question from Defendant Nos.1 to 6.

2. He would urge in the defence raised, no plea was canvassed

by the Petitioner/Defendant No. 11 that he is bonafide purchaser of the

suit property and as such according to him issue No. 6 ought not to

have been framed casting burden on the Petitioner, which issue reads

thus :

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"6. Does Defendant No. 11 prove that, he is bonafide purchaser of the suit property ?

3. In view of above, issue notice for final disposal, returnable

on 4th March, 2021. In addition to Court process, notice by alternate

mode is granted.

4. I am informed that today the matter is fixed for

pronouncement of judgment. If the final judgment in the suit is not

already pronounced, there shall be stay to the further proceedings.

5. It shall be the responsibility of the Petitioner to complete

service by returnable date. Failing which, ad-interim relief shall be

vacated without further reference to the Court.

( NITIN W. SAMBRE, J. )