Bombay High Court
Runwal Constructions Runwal And vs Shri. Parag Chandrakant Sawant And Anr on 8 August, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
904-SA-251-2022+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.251 OF 2022
WITH
CIVIL APPLICATION NO.40 OF 2022
WITH
CIVIL APPLICATION NO.1529 OF 2018
WITH
CIVIL APPLICATION (ST) NO.5789 OF 2019
WITH
CIVIL APPLICATION NO.288 OF 2019
Runwal Constructions Registered Partnership ...Appellant
Firm
Versus
Bharat Shah ...Respondent
WITH
SECOND APPEAL NO.252 OF 2022
WITH
CIVIL APPLICATION (ST) NO.36521 OF 2018
WITH
CIVIL APPLICATION NO.1520 OF 2018
Runwal Constructions Runwal & Omkar Esquare ...Appellant
Versus
Neha Arvind Nadkarni & Anr. ...Respondents
WITH
SECOND APPEAL NO.253 OF 2022
WITH
CIVIL APPLICATION NO.1526 OF 2018
WITH
CIVIL APPLICATION NO.41 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Nitin Korgaonkar ...Respondent
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WITH
SECOND APPEAL NO.254 OF 2022
WITH
CIVIL APPLICATION NO.1521 OF 2018
WITH
CIVIL APPLICATION NO.42 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Pravir Karmokar ...Respondent
WITH
SECOND APPEAL NO.255 OF 2022
WITH
CIVIL APPLICATION NO.43 OF 2022
WITH
CIVIL APPLICATION NO.1530 OF 2018
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Garfield Deepak Dsouza ...Respondent
WITH
SECOND APPEAL NO.256 OF 2022
WITH
CIVIL APPLICATION NO.44 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Satish Kumar & Ors. ...Respondents
WITH
CIVIL APPLICATION NO.1532 OF 2018
IN
SECOND APPEAL NO.256 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
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Versus
Srinivasan Sundaresan & Ors. ...Respondents
WITH
SECOND APPEAL NO.257 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Satish Maruti Shirsekar ...Respondents
WITH
INTERIM APPLICATION NO.3352 OF 2019
WITH
CIVIL APPLICATION NO.45 OF 2022
WITH
CIVIL APPLICATION NO.1523 OF 2018
IN
SECOND APPEAL NO.257 OF 2022
Satish Maruti Shirsekar ...Applicant
Versus
Runwal Constructions ...Respondent
WITH
SECOND APPEAL NO.258 OF 2022
WITH
CIVIL APPLICATION NO.46 OF 2022
WITH
CIVIL APPLICATION NO.1531 OF 2018
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Sudhir Ray ...Respondent
WITH
SECOND APPEAL NO.259 OF 2022
WITH
CIVIL APPLICATION NO.47 OF 2022
WITH
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CIVIL APPLICATION NO.1524 OF 2018
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Prachi Chindarkar ...Respondent
WITH
SECOND APPEAL NO.260 OF 2022
WITH
CIVIL APPLICATION NO.48 OF 2022
WITH
CIVIL APPLICATION NO.1527 OF 2018
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Samira Sultana Halim Mohammed ...Respondent
WITH
SECOND APPEAL NO.261 OF 2022
WITH
CIVIL APPLICATION NO.1528 OF 2018
WITH
CIVIL APPLICATION NO.49 OF 2022
Runwal Constructions Runwal & Omkar Esquare, ...Appellant
Mumbai
Versus
Parag Chandrakant Sawant & Anr. ...Respondents
Mr. S. U. Kamdar, Senior Counsel, a/w. Mr. Chirag Kamdar, Mr.
Abir Patel and Ms. Lavina Bhargava, Advocate, i/b. M/s. Wadia
Ghandy & Co., for the Appellant in SA/260/2022.
Mr. Abir Patel a/w. Ms. Lavina Bhargava, Advocate, i/b. M/s.
Wadia Ghandy & Co., for the Appellant in SA/251/2022,
SA/253/2022, SA/254/2022, SA/255/2022, SA/256/2022,
SA/257/2022, SA/258/2022, SA/259/2022 and SA/261/2022.
Mr. Vineet Naik, Senior Counsel a/w. Mr. Abir Patel, and Ms. Lavina
Bhargava, Advocates, i/b. Wadia Ghandy & Co., for the Appellant
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904-SA-251-2022+.DOC
in SA/252/2022.
Ms. Anjani Kumar Singh i/b. Ms. Asmita S. Jaiswal, Advocates, for
the Respondents in SA/251/2022 to SA/261/2022.
CORAM: MADHAV J. JAMDAR, J.
DATED : 8th AUGUST 2024
P. C.:
1. This Court passed the following order on 10th August 2023:
"1. Arguments of all the parties concluded.
2. Parties are at liberty to file their written
submissions within two weeks from today.
3. Closed for Orders."
2. Thereafter, the Appellant and the Respondents have filed
written submissions on 7th September 2023.
3. The judgment in these matters could not be delivered, as
almost on all Court working days I was sitting on dais everyday for
2-3 additional hours after regular Court working hours. I was
having the bail assignment from 2 nd January 2024 till 10th May
2024. During that period, I was sitting on dais everyday for about
an additional 2-3 hours after regular Court working hours and I
used to be in my Chamber at least till 10:00 p.m. and sometimes
until midnight to ensure that all bail orders were uploaded on the
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904-SA-251-2022+.DOC
same day and in view of this, the judgment in these matters could
not be delivered.
4. In the light of the decision of the Supreme Court in the case
of Manbhupinder Singh Atwal vs. Neeraj Kumarpal Shah1, these
matters were placed on 18th July 2024 and the respective learned
Counsels and learned Senior Counsels appearing for the parties
were informed that the these matters would be reheard and
therefore, for that purpose, the matters were directed to be listed
today in Supplementary Board.
5. Mr. Kamdar, learned Senior Counsel appearing in 9 Second
Appeals and Mr. Naik, learned Senior Counsel appearing in 2
Second Appeals seek time. Both of them state that the matter be
placed on board in the week commencing from 26 th August 2024
and on that date both of them will argue these Second Appeals.
6. However, learned Counsel appearing for the Respondents
states that from 26th August 2024 to 28th August 2024, he is in
personal difficulty.
1 Special Leave Petition (Civil) Nos 7669-7670 of 2024
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904-SA-251-2022+.DOC
7. Accordingly, stand over to 29th August 2024 at 2:30 p.m. To
be listed in the Supplementary Board (First on Board).
[MADHAV J. JAMDAR, J.]
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