Ashwin Khater And Anr vs Avinash Khater And 3 Ors
2023 Latest Caselaw 13241 Bom

Bombay High Court

Ashwin Khater And Anr vs Avinash Khater And 3 Ors on 21 December, 2023

Author: Abhay Ahuja

Bench: Abhay Ahuja

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

                            SUMMONS FOR JUDGMENT NO.8 OF 2021
                                             IN
                          COMMERCIAL SUMMARY SUIT NO.12 OF 2021
                                            WITH
                           INTERIM APPLICATION (L) NO.27478 of 2023
                                             IN
                            SUMMONS FOR JUDGMENT NO.8 OF 2021

 Ashwin Khater and anr.                            ... Plaintiffs
       Vs.
 Avinash Khater and ors.                           ... Defendants

                                   -------
 Ms. Shaheda Madraswala with Ms. Rajvi Mehta i/by M/s Vashi and Vashi,
 Advocates for the Plaintiffs.
 Mr. Akash Agarwal and Mr. Tirtha Mukherjee i/by M/s AMR Law,
 Advocates for the Defendant No.1.
 Mr. Yash Momaya i/by Mr.Jayesh Mestry, Advocates for the Defendants
 No.2 and 3.
 Mr. Manoj Pandit, Advocate for Defendant No.4.
                                  -------

                              CORAM :      ABHAY AHUJA, J.

                              DATE :       21 DECEMBER, 2023.
 P.C. :

1. By order dated 2nd November, 2023 in Interim Application (L) No.

17409 of 2021, Mr. Naushad Engineer, Advocate was appointed as

Mediator. The Ld. Mediator has submitted a failure report dated 11 th

December, 2023 stating that despite best efforts, the parties were unable

to amicably resolve the issues and hence, the mediation between the

parties has failed.

     Priya R. Soparkar                                                                         1 of 3



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2. The said Interim Application was disposed of on 2 nd November,

2023, however, it was not recorded that the said Application was disposed

of, although the learned counsel agree that the said Interim Application

has been disposed.

3. Accordingly, the said Interim Application be removed from the

board as disposed.

4. Mr. Akash Agarwal, learned counsel for the Defendant No.1 submits

that there is an Interim Application (L) No. 27478 of 2023, whereby the

Defendant No.1 is seeking to bring on record document(s) in support of

the defence to the Summons for Judgment, which is pending.

5. Ms. Shaheda Madraswala, learned counsel for the Plaintiff would

submit that her counsel Mr. Khandekar is not available today and the

matter be suitably adjourned.

6. Accordingly, list on 22nd January, 2024 for hearing of Interim

Application (L) No. 27478 of 2023.

     Priya R. Soparkar                                                                     2 of 3



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 7.           Let the reply(ies) / rejoinder(s)       be filed by the next date with

 copies to the other side.



 8.           List on 22nd January, 2024.



                                                        (ABHAY AHUJA, J.)




     Priya R. Soparkar                                                                      3 of 3