Ashwin Khater And Anr vs Avinash Khater And 3 Ors
2023 Latest Caselaw 11271 Bom

                                                            23-sj-8-2021.doc


                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

ASHWIN KHATER AND ANR                                )...PLAINTIFFS
     V/s.
AVINASH KHATER AND ORS                               )...DEFENDANTS
                                  WITH
                 INTERIM APPLICATION (L) NO.27478 OF 2023
                                   IN
                   SUMMONS FOR JUDGMENT NO.8 OF 2021
                                  WITH
                 INTERIM APPLICATION (L) NO.17409 OF 2021

Mr. Rashmin Khandekar with Ms. Shaheda Madraswala and Ms. Rajvi
Mehta i/b Vashi and Vashi for Plaintiffs.
Mr. Dharan Jumani i/b Mr. Rushabh Doshi, for Defendant No.1.
Mr. Yash Momaya i/b Mr. Jayesh Mestry for Defendants No. 2 and 3.
Mr. Manoj Pandit for Defendant No.4.

                            CORAM       :      ABHAY AHUJA, J.

                            DATE        :      2nd NOVEMBER 2023
P.C. :

Interim Application (L) No. 17409 of 2021

1. After the interim application is briefly heard, Mr. Jumani, learned

Counsel for the Applicant/original Defendant No.1 submits that he has

instructions not to press prayer clause (a) of the application. However,

learned Counsel submits that considering that the dispute is primarily

between two brothers, the matter can be referred to mediation.

Nikita Gadgil                                                          1/3
                                                         23-sj-8-2021.doc

2. Mr. Khandekar, learned Counsel for the Respondent/original

Plaintiff has no objection, if the matter is referred to mediation.

However, he submits that the same be time bound.

3. Both the learned Counsel agree that the dispute in the suit be

referred to the mediation of Mr. Naushad Engineer, Advocate of this

Court.

4. Let Mr. Naushad Engineer, be appointed as a Mediator in the

matter. The details of Mr. Naushad Engineer, are as under:-

        Name        :     Mr. Naushad Engineer
        Address     :     1-B, Lentin Chambers, 1st Floor,

Dalal Street, Fort, Mumbai-400 001 Mobile No. : 9821047087 Email ID : [email protected]

5. Let the parties furnish papers and proceedings to the learned

Mediator within a period of one week. Let the learned Mediator fix

meeting(s) as per mutual convenience and as per his schedule of fees.

6. The parties to co-operate with the learned Mediator. Applicant

agrees to bear the fees and expenses of the learned Mediator.

Nikita Gadgil                                                      2/3
                                                                                       23-sj-8-2021.doc

7. The learned Mediator is requested to present his report

preferably by 21st December, 2023.

8. List on 21st December, 2023.

                                                                      (ABHAY AHUJA, J.)




                               Nikita Gadgil                                                     3/3

Signed by: Nikita Gadgil

Designation: PA To Honourable Judge Date: 03/11/2023 14:58:52