2024:BHC-OS:8692-DB 913-1627-2023.DOC S.R.JOSHI IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) NO. 16271 OF 2023 IN NOTICE OF MOTION NO. 2393 OF 2019 WITH Digitally INTERIM APPLICATION (L) NO. 16283 OF 2023 signed by SMITA SMITA RAJNIKANT RAJNIKANT JOSHI JOSHI Date:

2024.06.15

10:16:12 1 Siroya FM Constructions Pvt. Ltd., ]

+0530 a company registered under the provisions of ] Companies Act and having its registered office ] address at 101, Kingston Tower, GD Ambedkar ] Marg, Parel (East), Mumbai 400 033. ]

2 Shrenik Dheerajmal Siroya, Aged: 56 years ]

Occu: Business, being director of the Defendant ] No.1 and having its address at 101, Kingston ] Tower, G.D. Ambedkar Road, Parel (East) ]

Mumbai 400 033. ].. Appellants/

(Original Defendants)

v/s.

1 Sunil Krishnan Anand, Aged 63 years ]

Occu: Business, residing at 46, Henleaze Avenue ] Bristol, BS 9, 4ET, UK and address in India ] at 302, A-wing, Blue Horizon,, Malad Link Road ] Malad (West), Mumbai 400 064. ]

2 Anil Gulabdas Shah, Aged 60 years, ]

Occu: Business, having address at Anna Building ]

Next to Copa Pub, 13^th Road, Juhu, Mumbai 49 ].. Respondents/

(Original Plaintiffs)

3 Sunita Fatesh Mirchandani, Age – adult, ]

Occu: Housewife, having its address at 101, ] Kingston Tower, G. D. Ambedkar Road, ] Parel (East), Mumbai 400 033 and also at 102, ] Shivsadan Vidyaniketan Marg, Siddharth ]

Nagar, Goregaon (W), Mumbai 400 062. ].. Respondent/

(Original Defendant No.2)

Mr. Chetan Kapadia, Sr. Adv. a/w Ms. Prachi Khandge, Ms. Swati Chheda i/b Ridhima Mangaonkar for Appellant / Applicant.

Mr. Gauraj Shah a/w Mr. Shahzad Ansari, Mr. Manohar Shelar, Mr. Omar Khaiyam Shaikh forRespondent in COMAPL/16271/2023.

Ms. Pooja Jhaveri i/b Katariya and Associates for R. No. 4 in COMAPL/18202/2023.

CORAM: G.S.KULKARNI &

FIRDOSH P. POONIWALLA,J.

RESERVED ON: 2nd FEBRUARY, 2024 PRONOUNCED ON: 14th JUNE, 2024.

_______________________

JUDGEMENT (Per FIRDOSH P. POONIWALLA,J.):-

The present Appeal has been filed against the Order dated 28^th April, 2023 passed by a learned Single Judge of this Court in Notice of Motion No.2393 of 2019 in Comm. Suit No.1067 of 2019, whereby, a decree on admission is granted in favour of Respondent Nos. 1 & 2 (Original Plaintiffs) against the Appellants and Original Defendant No.3 for a sum of Rs.4.25 Crores.

2 For the sake of convenience, in this Order, the parties are being referred to as they are described in the suit.

3 The suit in question was filed praying for the following final reliefs:-

“To decree the suit and pass judgment in the sum of Rs.22,66,86,579.52 as against the Defendant along with interest @ 18% p.a. on Rs.16,37,24,008/- (being sum total of principal amount of (1) Rs.4,37,24,008.00, (2) Rs.5,00,00,000.00 and (3) Rs.7,00,00,000.00) or any other rate of interest as this Hon’ble Court deem fit and proper, from the date of filing of the suit till payment or realization.”

4 The sum of Rs.22,66,86,579.52 claimed by the Plaintiffs comprises of the following:-

PARTICULARS OF CLAIM

5 In the suit, the Plaintiffs filed a Notice of Motion No.2393 of

2019, claiming the following final reliefs:-

“a. That this Hon'ble Court be pleased to pass judgment on admission as against the Defendants to the extent of Rs.4.25 crores;

b. That this Hon'ble Court be pleased to permit the Applicant to withdraw the amount of Rs.4.25 crores deposited by the Defendants pursuant to the order