Rinku Kalpesh Shah And Anr vs Vishal H. Gandhi And 2 Ors
2022 Latest Caselaw 8390 Bom

          Digitally signed by
SWAROOP   SWAROOP
SHARAD    SHARAD PHADKE
          Date: 2022.08.26
PHADKE    16:07:16 +0530

                                                                                        27 sj 17 of 2022.doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                    SUMMONS FOR JUDGMENT NO.17 OF 2022
                                                    IN
                                     SUMMONS FOR JUDGMENT NO.5 OF 2021

 Rinku Kalpesh Shah and Anr.                                             ...      Plaintiffs
        Versus
 Vishal H. Gandhi and Ors.                                               ...    Defendants

 Mr. Ayosh Tiwari with Ms. Divya Verma i/by MD Legal LLP for Plaintiffs.
 Mr. Mahesh Pol, for Defendant No.1.
 Mr. Anand Mohan with Mr. Pratik Jani, with Ms. Princee, for Defendant Nos.2 and 3.
                                      CORAM:        N.J.JAMADAR, J.

                                      DATE:         25th AUGUST, 2022

 P.C.:

1. Heard the learned Counsel for the parties.

2. The learned Counsel for Defendant Nos.2 and 3 seeks leave to tender

Affidavit in Reply on behalf of Defendant Nos.2 and 3.

3. Leave granted.

4. Affidavit in Reply on behalf of Defendant Nos.2 and 3 are taken on

record.

5. The learned Counsel for the Plaintiffs seeks time to consider the

Affidavit in Reply and file an Affidavit in Rejoinder, if required.

6. Let Affidavit in Rejoinder be filed within a period of two weeks and copy

served on the Defendants.

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                                                                        27 sj 17 of 2022.doc

7. Mr. Pol submits that he has instructions to appear on behalf of

Defendant No.1, who, it seems, has been served by way of paper publication.

8. Delay in entering appearance on behalf of Defendant No.1 stands

condoned. Mr. Pol shall file Vakalatnama and an Affidavit in Reply, if desired, seeking

leave to defend the Suit within a period 10 days from today and serve its copy on the

Plaintiffs. If an Affidavit in Reply is filed on behalf of Defendant No.1 and copy

served on the Plaintiffs, the Plaintiffs are at liberty to file an Affidavit in Rejoinder

within one week thereafter.

9. The Plaintiffs undertake to serve the Advocate for Defendant No.1 with

a copy of the Plaint and Summons for Judgment by 29th August, 2022.

10. Stand over to 22nd September, 2022.

                                                        ( N.J.JAMADAR, J. )




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