Avinash Khater vs Ashwin Khater
2024 Latest Caselaw 1767 Bom

Bombay High Court

Avinash Khater vs Ashwin Khater on 22 January, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:1284


                                                      23. SJ 8-21 in COMSS 12-21 @ IAL 27478-23 in SJ.doc


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

                                     INTERIM APPLICATION (L) NO. 27478 OF 2023
                                                       IN
                                       SUMMONS FOR JUDGMENT NO. 8 OF 2021

                    Avinash Kater                                               ... Applicant
                    In the matter between
                    Ashwin Khater and Anr.                                      ...Plaintiffs
                           V/s.
                    Avinash Khater and Ors.                                     ...Defendants

                                                    WITH
                                      SUMMONS FOR JUDGMENT NO. 8 OF 2021
                                                     IN
                                     COMMERCIAL SUMMARY SUIT NO. 12 OF 2021

                    Mr. Rashmin Khandekar with Ms. Shaheda Madraswala and Ms. Rajvi
                    Mehta i/b Vashi & Vashi for Plaintiffs.
                    Mr. Dharam Jumani with Mr. Akash Agarwal i/b Mr. Aagam Doshi for
                    Defendant No.1.
                    Mr. Yash Momaya with Mr. Jayesh Mestry for Defendants No. 2 and 3.

                                              CORAM    :       ABHAY AHUJA, J.

                                              DATE     :       22nd JANUARY, 2024
                    P.C. :

1. This Interim Application seeks bringing on record the letter dated

20th October, 2022 in respect of the first Defendant's contention,

contained in paragraph 3 of the additional affidavit dated 5 th

September, 2021.

2. Mr. Khandekar, learned Counsel for the Plaintiff submits that

reply has already been filed to the said Interim Application and if the

23. SJ 8-21 in COMSS 12-21 @ IAL 27478-23 in SJ.doc

said Interim Application is allowed, his client would have no objection

and the reply be taken into consideration at the time of hearing of

summons for judgment.

3. Mr. Momaya, learned Counsel for Defendants No. 2 and 3 has no

objection if the application is allowed.

4. Having heard the learned Counsel and having perused the

application as well as reply, the interim application is allowed in terms

of prayer clause (a).

5. The said document would be taken into consideration at the time

of hearing of summons for judgment along with response to the same

filed by the Plaintiff vide their reply dated 30th October, 2023.

6. The Interim Application accordingly stands disposed.

7. List for hearing on summons for judgment on 28th February, 2024

at 2.30 p.m.

(ABHAY AHUJA, J.)