Bombay High Court
Ajay Kumar Garg And 24 Ors vs Avyaay Anirudh Garg And 26 Ors on 21 June, 2021
Bench: G.S. Patel
17-S-113-2021+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 113 OF 2021
Avyaay Anirudh Garg & Ors ...Plaintiffs
Versus
Ajay Kumar Garg & Ors ...Defendants
WITH
INTERIM APPLICATION (L) NO. 2672 OF 2021
IN
SUIT NO. 113 OF 2021
WITH
INTERIM APPLICATION (L) NO. 9684 OF 2021
IN
SUIT NO. 113 OF 2021
Mr Chetan Kapadia, with Sunil Tilokchandani, Akhil Tiwari and N
Javeri, i/b Manilal Kher Ambalal & Co, for the Plaintiffs.
Mr Subhash Jha, with Harshavardhan G Khambete, for Defendants
Nos. 1, 2 and 4 to 6.
Mr Shrinivas Bobde, i/b Ankita Pawar, for Defendant No.3.
Mr SN Vaishnav, with Nupur J Mukherjee, i/b M/s NN Vaishnawa &
Co, for Defendants Nos. 18 and 24.
Mr Akash D Warang, for Defendants Nos. 7, 8, 10 to 16, 19, 21, 23
and 25.
CORAM: G.S. PATEL, J
(Through Video Conferencing)
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17-S-113-2021+.DOC
DATED: 21st June 2021
PC:-
1.
Heard through video conferencing.
2. The 1st Defendant has filed Interim Application (L) No. 9684
of 2021 under Order 7 Rule 11 of the Code of Civil Procedure 1908
("CPC"). Mr Jha for the 1st Defendant/Applicant says that the
Interim Application is bristling with points of law. Perhaps so. But
what this does mean is that the pleadings need to be completed. The
parties say that they have filed a reply and a rejoinder. Neither seem
to be in the Court papers that are with me today. Both sides will
check, and if not filed, will complete that filing by Friday, 25th June
2021.
3. The 3rd Defendant is the husband of the 1st Plaintiff. For the
purposes of the Order 7 Rule 11 Interim Application, he is aligned
with the 1st Defendant, his father.
4. In order to focus on the matter and the issues involved, I have
asked Mr Jha for the 1st Defendant and Mr Kapadia for the
Plaintiffs whether they wish to put in concise notes of arguments
and compilations of authorities on which they propose to rely. Both
say they do. At this stage, I will regard these as advance notes of
arguments. If necessary, after hearing both sides, I will consider
giving them time to file supplementary notes of arguments. I will
also treat the written notes of arguments by the 1st Defendant as
being on behalf of the 1st Defendant represented by Mr Jha and the
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3rd Defendant represented by Mr Bobde. Between them, they may
decide which Counsel wants to address on which point.
5. Both sides (i.e. the 1st Defendant and the 3rd Defendant on
one side and the Plaintiffs on the other) will file their written
submissions on or before 2nd July 2021. The written submissions
should ideally not exceed 20 to 25 pages. It is not necessary to
extract portions of judgments or documents or correspondence in
the written notes of arguments. The propositions should be clearly
stated. I will also not permit the parties to use a font size less than
Times New Roman/Georgia 13-14 point and there must be
minimum 1.5 line spacing throughout.
6. The compilation of authorities must have a common index,
and running pagination through the entire compilation. The index
must indicate the running page number and the paragraph numbers
relied on. Cross references to the compilation of authorities in the
written submissions are required.
7. The written submissions are to be signed and dated by arguing
counsel, not the advocates on record.
8. I am finally making it clear that the matters do not fall within
the description of those that are extremely urgent. That is the only
class of matter that is permitted to be taken up today. I will therefore
have to hear these matters once physical functioning (either fully or
partly) is permitted.
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17-S-113-2021+.DOC
9. For the present, list all the matters for directions on 5th July
2021.
10. The previous orders will continue until the next date.
11. All concerned will act on production of an ordinary copy of
this order.
(G. S. PATEL, J)
21st June 2021
