Gorkap Properties And ... vs Parasram H Bhojwani And 4 Ors
2021 Latest Caselaw 15884 Bom

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         NITIN
NITIN    DINKAR
DINKAR   JAGTAP
JAGTAP   Date:        PA-Nitin Jagtap                  1 / 2              14-COMAPL-23186-2021.doc
         2021.11.16
         14:28:42
         +0530


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                          COMMERCIAL APPEAL (L) NO. 23186 OF 2021
                                                               IN
                                          INTERIM APPLICATION (L) NO. 17582 OF 2021
                                                               IN
                                          INTERIM APPLICATION (L) NO. 2701 OF 2020
                                                               IN
                                          COMM. CHAMBER SUMMONS NO. 822 OF 2018
                                                               IN
                                        COMM. EXECUTION APPLICATION NO. 565 OF 2019
                                                               IN
                                           SUMMONS FOR JUDGMENT NO. 9 OF 2018
                                                               IN
                                         COMMERCIAL SUMMARY SUIT NO. 855 OF 2017


                      Gorkap Properties & Investments Pvt.Ltd.      ...   Appellant
                      Versus
                      Parasram M. Bhojwani & Ors.                   ...   Respondents
                                                        ALONG WITH
                                          INTERIM APPLICATION (L) NO. 23198 OF 2021


                      Mr.Mayur Khandeparkar a/w. Mr. Vikramjit Garewal, Mr. Sujit Lahoti, Mr. Aniket
                      Worlikar, Mr. M.Paperwalla i/b. Mr. Sujit Lahoti & Associates for the Appellant.
                      Mr.S.C.Naidu a/w. Mr. T.R.Yadav, Mr.Aniketh Poojari, Ms.Divya Yajurvedi, Mr.
                      Pradip Kumar i/b. C.R. Naidu and Company for Respondent No. 1.
                      Mr.Vaibhav Charalwar a/w. Ms.Raksha Thakkar, Ms.Sailee Dhayalkar i/b. Parinam
                      Law Associates for Respondent Nos. 2 to 4.
 PA-Nitin Jagtap                       2 / 2               14-COMAPL-23186-2021.doc

Mr.D.N.Kher, Court Receiver, present.


                                      CORAM : S.J. KATHAWALLA &
                                                   MILIND N. JADHAV, JJ.

                                      DATE     : 16TH NOVEMBER, 2021
P.C. :

1. Heard the learned Advocates appearing for the parties.

2. We are informed that the Interim Application (L) No. 2701 of 2020 filed

by Respondent No. 1 is pending before the Learned Single Judge. In view thereof, we

request the Learned Single Judge to hear and decide the said Interim Application

within a period of six weeks from today. The Appellant shall file his Supplemental

Affidavit, if any within a period of one week from today. Response, if any shall be filed

within a period of one week thereafter. The said Interim Application shall be heard by

the Learned Single Judge without being influenced by the impugned Order. All

contentions of the parties are kept open. The earlier order dated 14th July, 2021

injuncting the Appellant from dealing with, disposing off, alienating, encumbering,

parting with possession or creating third party right in respect of Unit No. 205 shall

continue until further orders.

3. The above Appeal as well as Interim Application are accordingly

disposed off.

(MILIND N. JADHAV, J. )                                   ( S.J. KATHAWALLA, J. )