IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

[ COMMERCIAL DIVISION ]

COMMERCIAL SUIT NO.46 OF 2014

National Bank for Agriculture & Rural Development

.. Plaintiff

Vs.

Saral Enterprises and Ors.

.. Defendants

ALONG WITH

SUIT NO.577 OF 2009

SUIT NO.1151 OF 2011

Jayanand Khira & Co. Pvt. Ltd. and Anr.

.. Plaintiffs

Vs.

Chittaranjan Damodardas Shah (Deleted)

Dr. Viral C. Shah and Ors.

.. Defendants

And

Sachin C. Shah and Ors.

.. Prop. Defendant

ALONG WITH

SUIT NO.1438 OF 2011

Chitranjan Damodardas Shah and Ors.

.. Plaintiffs

Vs.

Chanchalben Murji Chheda and Ors.

.. Defendants

ALONG WITH

SUIT NO.2500 OF 2012

White Rose CHS Ltd. and Ors.

.. Plaintiffs

Vs.

Khira Nagar Co-op. Housing Societies

Association Ltd. and Ors.

.. Defendants

ALONG WITH

SUIT NO.2211 OF 2011

Chanchalben Murji Chheda and Ors.

.. Plaintiffs

Vs.

Viral Hotel and Theaters Pvt. Ltd. and Ors.

.. Defendants

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ALONG WITH

NOTICE OF MOTION NO.2650 OF 2011 IN SUIT NO.2211 OF 2011

Murji R. Chheda and Ors.

.. Applicants

Mr. Shaqeeb Shaikh, with Ms. Huda Diamondwala, i/by Diamondwala & Co.,

for the Plaintiff in S/577/2009 and S/1151/2011; for Defendant No.3 in

COMS/46/2011; for Defendant Nos.5 and 6 in S/2211/2011; for Defendant

Nos.13 and 14 in S/2500/2012 and for Defendant Nos.9 and 10 in

S/1438/2011.

Mr. Bipin Joshi, with Ms. Vedanshi Shah, for Defendant Nos.1, 2, 3, 5 and 6 in

S/577/2009; for Defendant Nos.1 to 5 in S/1151/2011; for Defendant Nos.1 to

4 in S/2211/2011; for Defendant Nos.8, 9(a) and 10 to 12 in S/2500/2012

and for Plaintiffs in S/1438/2011.

Ms. Mamta Sadh, i/by Mr. Sudhakar Lakhani, for Defendant Nos.7(a), 7(b), 8

and 10 to 14 in S/577/2009; for the Plaintiff in S/2211/2011; for Defendant

Nos.1, 2, 3(a) and 3(b) and 4 to 8 in S/1438/2011.

Mr. Himanshu Takke, AGP for Defendant No.9 in S/1151/2011 and for

Defendant No.17 in S/2500/2012.

Ms. Pinky Bhansali for Defendant No.18 in S/577/2009; for Defendant No.7

in S/1151/2011 and S/2211/2011 and for Defendant Nos.1 to 7 in

S/2500/2012.

Ms. Dhruti Kapadia, with Ms. Pooja Yadav, for Defendant No.8 in

S/1151/2011 and for Defendant No.5 in COMS/46/2014.

Mr. S.P. Bharti for the Plaintiff in COMS/46/2014.

Mr. Ranjeev Carvalho, with Mr. Gobinda C. Mohanty, i/by Mohanty &

Associate, for Defendant Nos.1, 2(a) and 2(b) in COMS/46/2014.

Mr. Amit Shastri, AGP for Defendant No.6 in COMS/46/2014.

CORAM : A. K. MENON, J.

DATE : 27

TH JANUARY, 2022.

[ THROUGH VIDEO CONFERENCE ]

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P.C. :

COMMERCIAL SUIT NO.46 OF 2014

1.

On behalf of defendant nos.1, 2(a) and 2(b), Mr. Carvalho states and so

does Mr. Mohanty that they have complied with all obligations under the

consent terms dated 26

th February 2015 filed before the Supreme Court in

Petition for Special Leave to Appeal (C) No.36948 of 2013. It is therefore

contended that there is nothing further that defendant nos.1, 2(a) and 2(b)

have to do. Mr. Bharti has disputed this statement. According to Mr. Carvalho,

defendant no.3 is now required to execute a conveyance. Written statement

on behalf of defendant no.3 is already on record.

2.

Defendant nos.1, 2(a) and 2(b) are stated to be filing written statement

today.

3.

As far as defendant no.4 is concerned, the society has not filed written

statement. Ms. Kapadia, appearing on behalf of defendant no.5 states that

there is no occasion for MCGM to file a written statement since the suit does

not seek specific relief against defendant no.5-Corporation. In view thereof,

she states that she does not intend to file written statement.

4.

Defendant no.6 being State has filed a written statement dated 13

th

October 2015.

5.

Time to file written statements of the defendants, who are yet to do so,

is extended upto 5

th February 2022.

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6.

Meanwhile, it is clarified,