2022:BHC-AS:8881 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 6356 OF 2021 Goodwill Realtors and Properties Pvt. Ltd.

A Company incorporated and registered Under the provisions of the Companies Act, 1956 and having its Registered Address at 101, Arun Chambers, Tardeo, Mumbai 400 034. … Petitioner.

Vs.

1 Smt. Bhanumati Keshrichand Jhaveri, (Since deceased) Through LRs

2 Mr. Nikhilesh Keshrichand Jhaveri Age 60 years, Occupation: Consultant 3 Ms. Meera Keshrichand Jhaveri Age 54 years, Occupation: Consultant 4 Ms. Jayhshree Jhaveri Lederman Age 62 years, Occupation: Housewife All the above having Hindus Indian Inhabitants, having their residence at

39, Chowpatty Sea Face, Ratnagar Palace, Mumbai-400 007 ….Respondent Nos.1 to 4 Original Plaintiffs.

5 M/s. New Era Fabrics Ltd., A Company incorporated under the Indian Companies Act, 1956 having its registered office at Mogul Lane, Tulsi Pipe Road, Matunga (West), Mumbai-400 016.

6 Home Care Retails Marts (P) Ltd., A Company incorporated under the Indian Companies Act, 1956 having its registered office at Unit 1, Wasan Udhyog Bhavan, Tulsi Pipe Road, Op. Phoenix Mills, Lower Parel, Mumbai-400 013.

7 Television 18 India Limited, A Company incorporated under the Indian Companies Act, 1956 having its office at Empire House, 1st Floor, Senapati Bapat Marg, Lower Parel, Mumbai-400 013.

8 Johnson Dye Works (P) Ltd., A Company incorporated under the Indian Companies Act, 1956 having its registered office at Mogul Lane, Tulsi Pipe Road, Matunga (West), Mumbai-400 016.

9 Hanil Era Textiles Limited, A Company incorporated under the Indian Companies Act, 1956 having its registered office at Mogul Lane, Tulsi Pipe Road, Matunga (West), Mumbai-400 016.

10 Royal Energy Limited A Company incorporated under the Indian Companies Act, 1956 having its registered office at Mogul Lane, Tulsi Pipe Road, Matunga (West), Mumbai-400 016.

….Respondent Nos.5 to 10 Original Defendant Nos.1 to 6.

11 Gnani Investment & Trading Co.Ltd.

A Company incorporated under the Indian Companies Act, 1956 having its registered office at A/07, Banco Mansion, August Kranti Marg, Cumbala Hill, Mumbai-400 036.

12 Ms. Daksha Kesharichand Jhaveri, Age 74 years, Occupation : Housewife

13 Smt. Vimal Dilip Jhaveri, Age 76 years, Occupation : Housewife

14 Mr. Sunil Dilip Jhaveri, Age 51 years, Occupation : Business

15 Mr. Manoj Dilip Jhaveri, Age 42 years, Occupation : Business

16 Mrs. Neeta Mahesh Tomar, Age 57 years, Occupation : Housewife

17 Mr. Deepak Chandrakant Jhaveri, Age 50 years, Occupation : Housewife All the above having their residence at

39, Chowpatty Sea Face, Ratnagar Place, Mumbai – 400 007.

….Respondent Nos.11 to 17 (Orig. Plaintiff Nos.13,2,7, 8, 9, 10, 12 transposed as Defendant Nos.7 to 13)

Mr.Vineet Naik, Senior Advocate a/w. Mr.Naushad Engineer i/b. Mr.Kuber Wagle for Petitioner.

Mr.Gautam Ankhad a/w. Mr.Vishal Narichania a/w. Mr.Ankur Shah i/b.

Ms.Sushma Singh for Respondent Nos.2 to 4.

Mr.M.M.Vashi, Senior Advocate a/w. Mr. Gaurang Mehta and Ms. Neelam Dedhia i/b. M/s. M.P. Vashi for Respondent No.5.

CORAM : A.S. GADKARI, J.

RESERVED ON : 8th APRIL 2022.

PRONOUNCED ON : 13th APRIL, 2022.

JUDGMENT:-

Petitioner, Original Defendant No.14 in T.E. & R. Suit No.42/62 of

2009 filed by the Respondent Nos.2 to 4, has invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, impugning the Judgment and Order dated 1st September, 2021 passed in Revision Application No.95 of 2021, by the Appellate Bench of the Court of Small Causes at Mumbai thereby dismissing the said Revision and confirming the Order dated 2nd August, 2021 passed below Exh-601, filed by Petitioner, for framing of additional issues in the said Suit.

2 Heard Mr. Vineet Naik, learned senior counsel for the Petitioner, Mr. Gautam Ankhad, learned counsel for Respondent Nos.2 to 4 and Mr. M.M. Vashi, learned senior counsel for Respondent No.5. Perused entire record produced before me.

3 The record reveals that