Mayur Mangaldas Kothari And Ors vs Estate Of Late Neeraj Vinayak Vora ...
2021 Latest Caselaw 7438 Bom

Chittewan                                     1/2                                11. IAL 2474-21.doc



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

                 INTERIM APPLICATION (L) NO.11230 OF 2021
                              (NOT ON BOARD)
                                     IN
                COMMERCIAL SUMMARY SUIT NO.1148 OF 2019
                                   WITH
                  INTERIM APPLICATION (L) NO.2474 OF 2021
                                   WITH
                   SUMMONS FOR JUDGMENT NO.85 OF 2019
                                   WITH
                    INTERIM APPLICATION NO.2175 OF 2019

Mayur Mangaldas Kothari
And Others                                             ...    Plaintiffs
    Versus
Estate of Late Neeraj Vinayak
Vora And Another                                       ...    Defendants

                                 .....
Ms. Ishani Paradkar i/b Nityoah Suneel & Associates for the Plaintiffs.

Mr. Aarif Ali M. Ali a/w Mr. Ashutosh Shukla and Mr. Ganesh K.
Gole for the Defendants.
                              .....

                                       CORAM : S.C. GUPTE, J.

                                       DATE         : 7 MAY 2021

P.C. :


.           Learned Counsel for the Plaintiffs seeks time on the ground of

unavailability of the arguing Counsel. Interim Application (L) No.2474 of 2021 seeks an order in the nature of attachment before judgment.

Chittewan 2/2 11. IAL 2474-21.doc

Considering that this court has already been passed an order on the summons for judgment, granting leave to defend to the Defendants on deposit of a sum of Rs.2.05 crores in this court and in view of the application of the Defendants, by way of a praecipe filed on 29 April 2021, seeking extension of time to deposit of that amount, the Defendants are given eight weeks' time from today to deposit the amount in court. In the event the Defendants deposit this amount, they shall be permitted to file a written statement dealing with the Plaintiffs' claim, as allowed by this court by its order dated 25 March 2021, within a period of four weeks of such deposit.

2 The Defendants to file reply, if any, to the Interim Application.

3 Interim Application (L) No.11230 of 2021 is taken on board, called out and disposed of accordingly.

4 The Plaintiffs' Interim Application No.2474 of 2021 is stood over beyond eight weeks.

(S.C. GUPTE, J.)