Shahrukh Adi Khan And Anr vs Skylink Hospitality Llp And 4 Ors
2023 Latest Caselaw 11063 Bom

                                                       4. SJ 13-23 in SS 7-23.doc


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

                  SUMMONS FOR JUDGMENT NO. 13 OF 2023
                                  IN
                      SUMMARY SUIT NO. 7 OF 2023


Shahrukh Adi Khan and Anr.                  ...Plaintiffs
      V/s.
Skylink Hospitality LLP and Ors.            ...Defendants



Mr. Pramod Bhosle with Mr. Praful Valvi and Mr. Mangesh Padvi i/b
Ms. Devika Nigade Advocate for the Plaintiffs.
Mr. Hrushi Narvekar with Ms. Saakshi Saboo i/b DSK Legal for
Defendants.

                       CORAM    :     ABHAY AHUJA, J.

                       DATE     :     26th October, 2023
P.C. :

1. This summons for judgment has been heard on the preliminary

issue of maintainability, raised by the Defendants. Mr. Narvekar, learned

Counsel for the Defendants has relied upon the reply filed by the

Defendants to the summons for judgment. Although, in the said reply it

is mentioned in paragraph 13, that the Defendants are in the process of

filing a separate application under Order VII Rule 11 of the Code of

Civil Procedure, 1908 for rejection of the Plaint, since the same is

barred under Section 79 of the Real Estate (Regulation and

Development) Act, 2016 (the "RERA Act"), learned Counsel submits

Nikita Gadgil 1/2

4. SJ 13-23 in SS 7-23.doc

that he has instructions to state that in view of the

submissions/arguments made today with respect to the maintainability

of the present suit in view of Section 79 of the RERA Act, the

Defendants would not be filing any such application.

2. I have heard both the learned Counsel on the issue of

maintainability as raised above. Arguments concluded. Order reserved.

3. Liberty to submit written submissions, within a period of one

week.

                                                                         (ABHAY AHUJA, J.)




                               Nikita Gadgil                                                    2/2

Signed by: Nikita Gadgil
Designation: PA To Honourable Judge
Date: 27/10/2023 10:48:47