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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

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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, 1^st 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.

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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,

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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 : 8^th APRIL 2022.

PRONOUNCED ON : 13^th 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 1^st 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

2^nd August, 2021 passed below Exh-601, filed by Petitioner, for framing of

additional issues in the said Suit.

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2

Hear