Electronfab Engineering Pvt.Ltd. vs. Runwal Constructions

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J.

SUIT NO. 962 OF 2014

M/s. Electronfab Engineering Pvt Ltd .. Plaintiff Versus Runwal Construction & Anr. .. Defendants ....................

• Mr. Ankit Lohia a/w Zeeshan Farooqui & Ms. Ipsita Sen i/by Gagrats for Plaintiff
• Mr. Nriman Sharma a/w Ms. Gunjan Shah & Mr. Sahil Harjani i/by Desai & Diwanji for Defendants

...................

CORAM : MILIND N. JADHAV, J. DATE : JULY 28, 2023

P.C . :

1. Heard learned Advocates for the parties for sometime.

2. Though the issues were framed by this Court after hearing both the sides, it is now contended by Mr. Sharma that due to subsequent events, the nomenclature of the Defendant No. 1 would have to be changed as "Private Limited Company". If that be so, appropriate Application be filed in this Court and copy thereof be served on the Plaintiff. Plaintiff is directed to file affidavit-in-reply if any such Application is filed within two weeks after receipt of the same. Subject to the order passed in the said Application, appropriate issue to that effect shall be recasted, framed and added to the issues already framed, inter alia, pertaining to nomenclature of Defendant No. 1.

9. S-962-2014.doc

3. Mr. Sharma would further submit that there are subsequent events which will necessitate filing of the additional Written Statement. Though he has argued those events across the Bar, it would be in the fitness of the things if an appropriate Application is also taken out and served on the Plaintiff so that it will be appropriate for the Plaintiff to consider the said subsequent events by filing reply and will also enable this Court to pass appropriate orders.

4. A conjoint Application can also be filed by the Defendants on both the above issues.

5. In the meanwhile, directions given by this Court in its earlier order dated 28.06.2023 regarding filing of the affidavit of evidence stands in abeyance until all issues are framed.

6. Stand over to 11 th August, 2023.

[ MILIND N. JADHAV, J. ]

RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA AMBERKAR 2023.07.28 19:51:19 +0530

Amberkar