Mahendra Realtors And ... vs The National Co-Operative ...
2021 Latest Caselaw 8363 Bom

                                                                        1-rpcdl-11163-2021.doc




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

                  REVIEW PETITION (L) NO.11163 OF 2021
                                  IN
               COMMERCIAL SUMMARY SUIT NO.1230 OF 2019

M/s. M.S. Shah and Associates                                   ...Petitioner
           vs.
The National Co-Operative Construction
and Development Federation of India                             ...Respondent

                                WITH
                  REVIEW PETITION (L) NO.11172 OF 2021
                                  IN
               COMMERCIAL SUMMARY SUIT NO.1219 OF 2019
                                WITH
                  REVIEW PETITION (L) NO.11187 OF 2021
                                  IN
               COMMERCIAL SUMMARY SUIT NO.1237 OF 2019

Mr. Ramesh Ramamurthy a/w. Mr. Saikumar Ramamurthy, for the
Petitioner-Ori. Plaintiff.

                                    CORAM : N. J. JAMADAR, J.

DATE : JUNE 23, 2021 (IN CHAMBER - VIDEO CONFERENCING )

P.C.:

. Heard Mr. Ramamurthy, learned counsel for the

Plaintiff-Petitioners.

2. Mr. Ramamurthy urged that inadvertently the Plaintiffs

had not included the claim of the Security Deposit in the plaint

though interest thereon was made a part of the Statement of Claim.

He further submitted that the interest on the claim amount ought to

Vishal Parekar, PA 1/2

1-rpcdl-11163-2021.doc

have been awarded from the date on which project was certifed as

completed, instead of the date of the Suit.

3. None of the aforesaid grounds commends itself as a ground on

which the Court would be justifed in exercising review jurisdiction.

4. There is no error apparent on the face of the record. Nor any

other suffcient cause to review the judgment and orders in

question.

5. So far as the claim for Security Deposit, the Petitioners-

Plaintiffs shall have the liberty to work their remedies in an

appropriate proceeding, as may be available in law.

6. With the aforesaid observations, the Review Petitions stand

rejected.

                                          (N. J. JAMADAR, J.)




Vishal Parekar, PA                                                                2/2