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Bombay High Court
Naresh Chunilal Jain Alias Parmar And ... vs Shantilal K. Shah And Others on 15 April, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
11-12-13 IA-2466-2467-2468-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2466 OF 2026
WITH
APPEAL FROM ORDER (ST) NO. 1910 OF 2026
Naresh Chunilal Jain alias Parmar & Anr. Applicants /
Appellants
.. (Org. Defendant Nos. 4 & 5)
Versus
Shantilal K. Shah & Ors. Respondents
(R1-Org. Plaintiff
R 2 to 6 - Org. Defendant
.. Nos. 1 to 3 & 6 to 7)
WITH
INTERIM APPLICATION NO. 2467 OF 2026
WITH
APPEAL FROM ORDER (ST) NO. 1913 OF 2026
Naresh Chunilal Jain alias Parmar & Anr. Applicants /
Appellants
.. (Org. Defendant Nos. 4 & 5)
Versus
Hiren Shantilal Shah & Ors. Respondents
(R1-Org. Plaintiff
R 2 to 6 - Org. Defendant
.. Nos. 1 to 3 & 6 to 7)
WITH
INTERIM APPLICATION NO. 2468 OF 2026
WITH
APPEAL FROM ORDER (ST) NO. 1911 OF 2026
Naresh Chunilal Jain alias Parmar & Anr. Applicants /
Appellants
.. (Org. Defendant Nos. 4 & 5)
Versus
Jayaben S. Shah & Ors. Respondents
(R1-Org. Plaintiff
R 2 to 6 - Org. Defendant
.. Nos. 1 to 3 & 6 to 7)
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11-12-13 IA-2466-2467-2468-26.odt
....................
Ms. Pushpa Ganediwala a/w Mr. Ankit B. Rathod, Mr. Ishan
Agrawal, Anshu Agrawal & Mr. Pradyumna Agrawal, Advocates for
Appellants
Mr. Sachin Vajale, Advocate for Respondent No. 5 - Corporation
Mr. Hiten S. Shah, Respondent No. 1 in AO(St) 1913/2026 present
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 15, 2026
P. C.:
1. Heard Ms. Ganediwala, learned Advocate for Appellants, Mr.
Hiten Shah, Respondent No. 1 in AO(St) 1913/2026 and Mr. Vajale,
learned Advocate for Respondent No. 5 - Corporation.
2. For the sake of convenience, the parties shall be referred to in
terms of their status before the Trial Court.
3. At the outset, Ms. Ganediwala would inform the Court that
there is delay of 37 days in filing the present Appeals from Order.
Hence above three captioned Interim Applications have been taken out
for condonation of delay. For the reasons stated therein, Interim
Applications are allowed in terms of prayer clause (a). Delay of 37
days in filing the present Appeals stand condoned. Appeals are taken
up for admission and hearing forthwith.
4. Appellants are original Defendant Nos. 4 & 5 before the Trial
Court. Plaintiff before the Trial Court has filed the 3 Suit proceedings
seeking appointment of Receiver, possession as also detention of
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Defendant Nos. 1 to 5 in Civil Prison for disobeying the Court's order
as also for injunctive reliefs. Plaintiff has also filed Application seeking
relief against the Planning Authority from granting any further
sanction, permission and occupation certificate in respect of the
redeveloped property which is half completed. There are various
charges levelled by Plaintiff against Defendants of sale of suit flats to
several parties. The issue which is emanating from the impugned order
dated 14.11.2025 (3 identical orders in 3 Suit proceedings) is with
regard to directions given to Defendants by learned Trial Court, inter
alia, to pay the temporary accommodation charges to the Plaintiff.
5. Grievance of Defendant Nos. 4 and 5 is pleaded on the basis
that they had retired from Partnership firm as far back as in 2012 and
therefore they would not be liable to pay temporary alternate
accommodation charges to the Plaintiff. However, record shows that
agreement to provide permanent alternate accommodation was
executed between the parties on 06.02.2012.
6. Insofar as the Plaintiff in all three Suit proceedings is concerned,
they are represented by Mr. Hiten Shantilal Shah (Respondent No. 1
in AO 1913/2026) who is the son of Shantilal K. Shah (Respondent
No. 1 in AO (St) No. 1910/2026). He is appearing in person. His
parents are very old. He would submit that he has not appointed any
Advocate as yet. Though he has made certain submissions against his
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earlier Advocate, I have still persuaded him to take instructions and
appoint an Advocate so that the proceedings can be conducted
properly and appropriately before this Court.
7. Ms. Ganediwala, learned Advocate for Appellants would submit
that directions to pay 50% temporary accommodation charges to the
Plaintiff is the subject matter of challenge in view of the fact that said
Defendants had resigned and retired from Partnership firm in respect
of which liability was thereafter taken over by other partners of firm.
8. Contrary to the submissions made by Defendant Nos. 4 and 5,
Defendant No. 3's case as noted in the impugned order is to the effect
that he has also retired from the Partnership firm and as per the Deed
of Retirement dated 14.02.2019, his liability was taken over by other
partners of Firm at the then time and he has also been discharged by
this Court by order dated 27.04.2022. Defendant No. 3 is not present
before me.
9. In view of the aforesaid rival submissions, issue notice to the
unrepresented Respondents made returnable on 18.06.2026.
Respondents present waive service. Humdast permitted. In addition
to Court's notice, Appellants are directed to serve copy of the AOs
along with copy of this order on the Respondents and inform them
about the next date of hearing by any permissible mode of service and
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file appropriate affidavit of service with tangible proof thereof on or
before the next date.
10. Plaintiffs are directed to appoint an Advocate to represent and
espouse their cause.
11. After receiving the notice, Respondents to file affidavit-in-reply
within a period of four weeks from today with an advance copy to the
Advocate for Appellants. Rejoinder if any shall be filed within two
weeks thereafter.
12. In the meanwhile, the directions contained in operative clauses
3 and 4 of order dated 14.11.2025 in all three proceedings shall stand
stayed until the present Appeal from Orders are heard for admission
by this Court.
13. Stand over to 18th June, 2026.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.04.15
18:13:27 +0530
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