BINA RAMNIK CHAWDA vs Cherag Balsara

Judgment text excerpt

20-COMS-6-2018.docx rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 1862 OF 2026 IN COMMERCIAL SUIT NO. 6 OF 2018 1. Bina Ramnik Chawda 2. Khushali Ramnik Chawda Both having address at B/204, Kashi Bhuvan Dixit Road, Vile Parle (East) Mumbai 400 057 3. Shastriji Realtors Pvt. Ltd. A company registered under the Companies Act, 1956 having its registered office at B/204, Kashi Bhuvan, Dixit Road, Vile Parle (East) Mumbai 400 057 … Applicants In the matter between Cherag Balsara An adult Indian Inhabitant Resident of : 226, Tardeo Road Mumbai 400 007 … Plaintiff Vs. 1. Bina Ramnik Chawda 2. Khushali Ramnik Chawda Both having address at B/204, Kashi Bhuvan Digitally signed by Dixit Road, Vile Parle (East) RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: Mumbai 400 057 2026.04.10 19:58:53 +0530 1/25 20-COMS-6-2018.docx 3. Shastriji Realtors Pvt. Ltd. A company registered under the Companies Act, 1956 having its registered office at B/204, Kashi Bhuvan, Dixit Road, Vile Parle (East) Mumbai 400 057 … Defendants Mr. Akshay Patil a/w. Ms. Kinjal Kakkad i/b. Mr. Jayesh R. Vyas for the Plaintiff. Ms. Rama Subramanian for all the Defendants. CORAM : GAURI GODSE, J. DATE : 7th APRIL 2026 ORDER : 1. This interim application is filed by the defendants seeking leave to treat the affidavit in reply to the notice of motion as their written statement and grant leave to file an additional written statement in view of subsequent developments. According to the defendants, the writ of summons was not served. 2. The plaintiff relies on the bailiff's service affidavit to contend that service of the writ of summons was completed in 2019, and therefore, the defendants’ right to defend is forfeited. Hence, the plaintiff opp