2022:BHC-OS:7226-DB vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.370 OF 2019 IN SUIT NO.894 OF 1986

1. Sanjeev Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its Registered Office at Mittal Towers “A” Wing, 3^rd Floor, Nariman Point, Bombay – 400 021.

2. Vineet Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its Registered Office at Mittal Towers “A” Wing, 3^rd Floor, Nariman Point, Bombay – 400 021. ...Appellants Versus Life Insurance Corporation of India, Established under the provisions of Life Insurance Corporation Act (XXXI) of 1956 and having its Central Office at Yogakshema, Jeevan Bima Marg, Bombay 400 021 and having its Western Zonal Office at Jeevan Kendra, Jamshedji Tata Road, Churchgate, Bombay – 400 020. …Respondent WITH NOTICE OF MOTION NO.680 OF 2019 IN APPEAL NO.370 OF 2019 IN SUIT NO.894 OF 1986

1. Sanjeev Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its

	Registered Office at Mittal Towers “A” Wing, 3rd Floor, Nariman Point, Bombay – 400 021.
2.	Vineet Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its Registered Office at Mittal Towers “A” Wing, 3rd Floor, Nariman Point, Bombay – 400 021.	...Applicants / ...Appellants / ...Original ...Plaintiffs
	IN THE MATTER BETWEEN :
1. 2.	Sanjeev Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its Registered Office at Mittal Towers “A” Wing, 3rd Floor, Nariman Point, Bombay – 400 021. Vineet Builders Private Limited, a Company incorporated under the Companies Act (I of 1986) and having its Registered Office at Mittal Towers “A” Wing, 3rd Floor, Nariman Point, Bombay – 400 021.	...Appellants
	Versus
	Life Insurance Corporation of India, Established under the provisions of Life Insurance Corporation Act (XXXI) of 1956 and having its Central Office at Yogakshema, Jeevan Bima Marg, Bombay 400 021 and having its Western Zonal Office at Jeevan Kendra, Jamshedji Tata Road, Churchgate, Bombay – 400 020.	…Respondent

Dr.Birendra Saraf, Senior Counsel with Ms.Aakansha Patil i/b M/s.Narayan & Narayan for the Appellants / Applicants.

Ms.Snehal Paranjape with Mr.J.P. Kapadia, Mr.O. Mohandas, Ms.Maitri Yadav i/b M/s.Little & Co. for the Respondent.

CORAM : R.D. DHANUKA &

KAMAL KHATA, JJ.

DATE : 7TH SEPTEMBER, 2022.

Oral Judgment (Per R.D.Dhanuka, J.) :-

1. Admit. Ms.Paranjape, learned counsel waives service for the respondent. By consent of parties, the appeal is heard finally.

2. By this appeal, the appellants (original plaintiffs) have impugned the order dated 10^th April, 2019 passed by the learned Single Judge by which the learned Judge has redacted material portion of the examination in chief of the appellants’ witness no.1. (Hereinafter the parties are referred to as per their original status in the plaint).

3. The respondent was the original defendant before the Trial Court. Some of the relevant facts for the purpose of deciding the appeal are as under :

4. On 24^th April, 1986, the plaintiffs filed a suit bearing No.894 of 1986 in this Court inter-alia praying for specific performance of the Agreement for Sale dated 8^th June, 1979. It is the case of the plaintiffs that during the pendency of the suit on 24^th August, 1987 another Agreement for Sale was executed between the plaintiff no.1 and Kedia Construction Company Limited. The plaintiffs accordingly filed a Chamber Summons inter-alia praying for impleadment of the said Kedia Construction Company Limited as a party (defendant) to the said suit. On 16^th April, 2014, a learned Single Judge of this Court allowed the said chamber summons filed by the plaintiffs for impleadment of the said Kedia Construction Company Limited. Being aggrieved by the said order da

Click Here to Read the rest of this document