Bombay High Court
Nakul Agarwal vs S. B. Bhalerao Associates And 4 Ors on 17 August, 2022
Bench: N. J. Jamadar
31-38-IA3094-22INCOMSS43-22+.DOC
Santosh
SANTOSH
SUBHASH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KULKARNI
Digitally signed by
SANTOSH SUBHASH
ORDINARY ORIGINAL CIVIL JURISDICTION
KULKARNI
Date: 2022.08.19
11:05:32 +0530
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 3094 OF 2022
IN
COMM SUMMARY SUIT NO. 43 OF 2022
Nakul Agarwal ...Applicant
In the matter between
Nakul Agarwal ...Plaintiff
Versus
S. D. Bhalerao Associates & ors. ...Defendants
AND (Sr.No.32)
INTERIM APPLICATION (L) NO. 13963 OF 2022
IN
COMM SUMMARY SUIT (L) NO. 13958 OF 2022
AND (Sr.No.33)
INTERIM APPLICATION (L) NO. 13968 OF 2022
IN
COMM SUMMARY SUIT (L) NO. 13959 OF 2022
AND (Sr.No.34)
INTERIM APPLICATION (L) NO. 13979 OF 2022
IN
COMM SUMMARY SUIT (L) NO. 13974 OF 2022
AND (Sr.No.35)
INTERIM APPLICATION (L) NO. 14008 OF 2022
IN
COMM SUMMARY SUIT NO. 50 OF 2022
AND (Sr.No.36)
INTERIM APPLICATION (L) NO. 14013 OF 2022
IN
COMM SUMMARY SUIT NO. 56 OF 2022
AND (Sr.No.37)
INTERIM APPLICATION (L) NO. 14131 OF 2022
IN
COMM SUMMARY SUIT NO. 48 OF 2022
AND (Sr.No.38)
INTERIM APPLICATION (L) NO. 14203 OF 2022
IN
COMM SUMMARY SUIT (L) NO. 14149 OF 2022
1/3
31-38-IA3094-22INCOMSS43-22+.DOC
Mr. Kushal Amin, a/w Mr. Sumeet Savla, i/b Srivastava & Co.,
for the Applicant.
Mr. Mandar Limaye, i/b Saurabh Oka, for Defendant nos.1 to
5.
CORAM: N. J. JAMADAR, J.
DATED : 17th AUGUST, 2022
PC:-
1. The learned Counsel for the defendant seeks leave to
tender the affidavits of disclosure.
Leave granted.
Affidavits of disclosure are taken on record.
2. Mr. Limaye, the learned Counsel for the defendants, on
instructions, makes a statement that the defendants will not
create third party rights in the 1/3 share of Mr. Sanjay
Bhalerao, in the immovable properties at Item Nos.4, 5 and 6 of
the list of immovable properties appended to the affidavit of
disclosure and Mr. Prashant K. Pillai, defendant no.4, will not
create third party rights in respect of his share in Flat No.2125,
Vartak Nagar, Shri Sahyadri Cooperative Housing Society
Limited, Vartak Nagar, Thane, the property at Serial No.2, under
the caption of immovable properties of Prashant K. Pillai, in the
said list of immovable properties.
The statement is accepted.
3. The learned Counsel for the applicant submits that the
Summons for Judgment have been taken out and served in the
suits at Serial Nos.31, 35, 36 and 37.
31-38-IA3094-22INCOMSS43-22+.DOC
4. The learned Counsel for the defendants submits that the
defendants will file an affidavit seeking leave to defend the suit
within a week's time.
5. Registry to accept the affidavits seeking leave to defend
those suits, if filed within one week.
6. The learned Counsel for the plaintiff submits that the
suits at Serial Nos.32, 33 and 34 are yet not numbered though
all office objections have been removed.
7. Registry to do the needful.
8. Let the Summons for Judgment be taken out in rest of the
suits. Once the Summons for Judgments are served, the
defendants are at liberty to file affidavits seeking leave to defend
the suits within the stipulated period.
9. In case, affidavits seeking leave to defend the suits are
filed within a week in the suits at Serial Nos.32, 35, 36 and 37
and within the stipulated period in rest of the suits, upon being
served with the Summons for Judgment, the plaintiffs are at
liberty to file affidavit-in-rejoinder, if any.
10. List on 14th September, 2022.
[N. J. JAMADAR, J.]
