Meena Vinay Kothari vs Sarovar Homes Private Limited
2024 Latest Caselaw 1303 Bom

Bombay High Court

Meena Vinay Kothari vs Sarovar Homes Private Limited on 18 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

 1                                    44 comss 69-23 with ial 23771-23 in comss 69-23-os.doc


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

                          INTERIM APPLICATION (L) NO.23771 OF 2023
                                             IN
                          COMMERCIAL SUMMARY SUIT NO.69 OF 2023
                                            WITH
                          COMMERCIAL SUMMARY SUIT NO.69 OF 2023

 Meena Vinay Kothari and anr.                    ... Plaintiffs/Applicants
       Vs.
 Sarovar Homes Private Limited                   ... Defendant/Respondent

                                              -------

 Mr. Yash Dhakad i/by Mr. Tushar A. Goradia, Advocates for the Plaintiffs/
 Applicants.
 None for the Defendant/Respondent.
                                 -------

                              CORAM :     ABHAY AHUJA, J.

                              DATE :      18 JANUARY, 2024.


 P.C. :

1. As noted earlier, this is an application seeking attachment before judgment

and injunction. When this matter was listed 5th December, 2023, learned

Advocate on behalf of the Defendant/Respondent had made a statement

that out of the eight flats that would be coming to the share of the

Respondent/Defendant pursuant to the Joint Development Agreement, the

Respondent/Defendant would keep two flats viz. flats No.803 and 804 on

the 8th floor unencumbered for the Plaintiffs/Applicants till disposal of the

Priya R. Soparkar 1 of 2

2 44 comss 69-23 with ial 23771-23 in comss 69-23-os.doc

Interim Application and the said statement was accepted. Directions

were given to the Respondent/Defendant to file reply. However, no reply

appears to have been filed till today.

2. List on 22nd February, 2024.

3. It is made clear that if no reply is filed by the next date, this Court

may consider hearing the Interim Application on the basis of the

submissions made of behalf of the Plaintiffs/Applicants.

                                                       (ABHAY AHUJA, J.)




     Priya R. Soparkar                                                                     2 of 2