Rinku Kalpesh Shah And Anr vs Vishal H. Gandhi And 2 Ors
2023 Latest Caselaw 10396 Bom

1                          5 ss 5-21 with sj 17-22 in ss 5-21 with ial 11354-21 in ss 5-21-os.doc


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

                               SUMMARY SUIT NO. 5 OF 2021
                                          WITH
                          SUMMONS FOR JUDGMENT NO.17 OF 2022
                                           IN
                                SUMMARY SUIT NO.5 OF 2021
                                          WITH
                         INTERIM APPLICATION (L) NO.11354 OF 2021
                                           IN
                                SUMMARY SUIT NO.5 OF 2021

Rinku Kalpesh Shah and anr.                                                   ... Plaintiffs
       Vs.
Vishal H. Gandhi and ors.                                                     ... Defendants

                                                  -------

Mr. Vikas Pandey with Mr. Mahavir Deshlehra i/by M/s M.D. Legal LLP,
Advocates for the Plaintiffs.
Mr. Mahesh D. Pol, Advocate for the Respondent No.1.
Ms. Karishni Khanna with Mr. Pratik Jani, Mr. Prince Vaishnav i/by M/s Prime
Legem, Advocates for the Defendants No.2 and 3.
                                     -------

                            CORAM :          ABHAY AHUJA, J.

                            DATE :           09 OCTOBER, 2023.

P.C. :

1. On 12th September, 2023, the learned counsel for the Defendants had

submitted that in view of the notification, the pecuniary jurisdiction of the City

Civil Court has already been increased and accordingly, since the suit is valued at

Rs.1,00,00,000/-, the Registry will have to transfer this matter to the City Civil

Court.

    Priya R. Soparkar                                                                               1 of 2
                                2                        5 ss 5-21 with sj 17-22 in ss 5-21 with ial 11354-21 in ss 5-21-os.doc

2. Today when the matter is called out, learned counsel submits that he was

under the wrong impression that the notification has to be issued.

3. Both the learned counsel submit that the matter is wrongly under the

caption "For Settlement / Consent Terms" as on the last occasion itself it has

been clarified that the settlement may not be possible.

4. On a query with respect to the connected Interim Application, Mr. Vikas

Pandey, learned counsel for the Plaintiffs submits that Interim Application had

been wrongly taken out and he seeks leave of the Court to withdraw the Interim

Application. The Interim Application is allowed to be withdrawn.

5. The learned counsel for the Plaintiffs are ready to go on with the matter

and therefore, this matter has been listed today. The learned counsel for the

Defendants No. 2 and 3 are also ready to go on with the matter. However,

learned counsel for the Defendant No.1 seeks some time in the matter..

6. As and by way of last chance to the Defendant No.1, list on 18 th October,

2023.

                                                                                          (ABHAY AHUJA, J.)



                                   Priya R. Soparkar                                                                             2 of 2


Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 11/10/2023 13:30:52