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2010 Supreme(Bom) 1656

D.Y.CHANDRACHUD
Suresh Lachhmandas Raheja – Appellant
Versus
Ferrani Hotels Pvt. Ltd. – Respondent


Advocates Appeared:
For the Applicant:R.A. Dada, Senior Advocate with Zubin Behramkamdin, Vivek Vashi. Ms. Anusha Jagdeesh i/b Bharucha & Partners, Advocates.
For the Respondents:R1, I.M. Chagla, Senior Advocate with H. Jagtiani, Naval Agarwal, S. Bhole & B. Zaveri i/b Kanga & Co., R2, Chetan kapadia with Mayur Khandeparkar i/b Mahimtura & Co. , Advocates.

JUDGMENT

1. These Applications come up before the Court under Rule 133 of the Bombay High Court (Original Side) Rules. Rule 133 reads thus :

“R.133 Adjournment of matter to Judge Any “ party desiring to have any question decided by the Prothonotary and Senior Master, whether disputed or not, adjourned to a Judge, may apply to the Prothonotary and Senior Master for such adjournment within four days from the passing of the order complained of. If the application is within time, the Prothonotary and Senior Master shall adjourn the matter and put it on the board of the Judge in Chambers. If the party makes the application after the said period of four days, the Prothonotary and Senior Master may adjourn the matter to the Judge in Chambers if he is satisfied that the party had sufficient cause for not making the application in time.”

2. By an order dated 17 January 2008 a Division Bench of this Court in Appeal 270 of 2007 directed the Plaintiff to furnish security to the extent of Rs.200 Crores to the satisfaction of the Prothonotary and Senior Master. Initially by an order dated 29 January 2008 the Prothonotary merely accepted a security bond and undertaking of the First Respondent. Th






















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