KRC INFRASTRUCTURE AND PROJECTS PRIVATE LIMITED THR. GAURAV MEHTA vs SANGITA SHIVAJI KATE (SANGITA MALHARI GAIKWAD) THR. POA AMIT J. PATHARE

Judgment text excerpt

43-wp10422-2024&10225-2024-F.doc VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10422 OF 2024 VAIBHAV RAMESH JADHAV Gera Developments Pvt. Ltd. Digitally signed by VAIBHAV RAMESH JADHAV Through CEO Mr. Gulzar Malhotra Date: 2025.01.22 15:41:34 +0530 & Anr. … Petitioners V/s. Sangita Shivaji Kate @ Sangita Malhari Gaikwad, Through Her Power of Attorney Holder Amit Jivan Pathare & Ors. … Respondents WITH WRIT PETITION NO.10225 OF 2024 KRC Infrastructure and Projects Private Limited, Through Gaurav Mehta … Petitioner V/s. Sangita Shivaji Kate (After marriage) Sangita Malhari Gaikwad (Before marriage) & Ors. … Respondents Mr. Nikhil Sakhardande, Senior Advocate with Pralhad Paranjape, Shubhra Swami, and Yash Tembe i/by Mr. Rahul Punjabi for the petitioners in WP/10422/2024 and for respondent Nos.17 and 18 in WP/10225/2024. Mr. Girish Godbole, Senior Advocate with Bhushan Deshmukh, Nanki G, Manasi Goglekar and Krisha Thakkar i/by Wadia Ghandy & Co. for the petitioner in WP/10225/2024. Mr. Amit Gharte for respondent Nos.17, 18, 50, 51 and 52 in WP/10422/2024. Mr. Rajaram V. Bansode with Sheetal M. Ubale for respondent No.1 in both writ petitions. 1 43-wp10422-2024&10225-2024-F.doc CORAM : AMIT BORKAR, J. DATED : JANUARY 21, 2025 JUDGMENT.: 1. Since the order challenged in both writ petitions arises from the same cause of action and involves similar issues, they are being disposed of by this common judgment. 2. The petitioner in Writ Petition No. 10225 of 2024 is the original defendant No. 66, whereas the petitioners in Writ Petition No. 10422 of 2024 are defendants Nos. 16 and 17 in the suit. The challenge in both the petitions is to the order dated 10 July 2024 passed by the Civil Judge, Senior Division, Pune. The impugned order a