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High Court Of Bombay
Suit No 2135 of 2001
Sandeep G.Raheja vs. Chandru Raheja ( Defendant 1) & Neel Raheja (Defendant 2)
Arbtrn
Suit No.
/ Petn.
No.
Suit
No.2135
of 2001
Dat
e
h
Jun
e
18,
200
1
Claimant
/ Plaintiff
/
Petitione
r
Sandeep
G.
Raheja
Respon
dent /
Defenda
nts
Chandru
L.Raheja
Def-1
Neel
C.Raheja
* Def-2
Name of
the Court/
Arbtrn.
Panel
High Court
at Bombay,
Ordinary
Original
Civil
Jurisdiction
252
Nature of case Amt under
Consideratio
n
The suit as originally
filed was for removal of
Chandru Raheja and
Arjun Menda as trustees
of Raj Trust and for
accounts of the trust to
be taken.
Thereafter, the plaint
has been amended to
include prayers for
distribution of the trust’s
properties as the date of
distribution as provided
for in the Trust Deed has
now expired.
Several interim
applications by way of
Notices of Motion and
Chamber Summons
have been taken out by
Sandeep Raheja and
Chandru Raheja in this
suit for reliefs pending
the hearing and final
disposal of the suit.
The Notices of Motion
taken out by Sandeep
Raheja include the
notice of motion for
restraining IL&FS (the
mortgagee) from selling
the property mortgaged
by the Trust in favour of
IL&FS for securing
repayment of loan
advanced by IL&FS to
Asiatic Properties Ltd.
(“mortgaged property”)
and for appointment of
the Court Receiver, High
Court, Bombay as the
receiver of the all the
properties of the Trust.
The Chamber Summons
taken out by Sandeep
Raheja were for
impleading IL&FS and
Asiatic as party
defendants and for
consequential
amendments to the
plaint in the suit.
The Notices of Motion
taken out by Chandru
Amount would
be determined
upon accounts
of the trust
being taken.
Status
The Notices of
Motion taken out
by Sandeep
Raheja and
Chandru Raheja
will come up for
final hearing
shortly.
Although an
application for
ad- interim
reliefs in the
notice of motion
taken out by
Sandeep Raheja
for restraining
IL&FS from
selling the
mortgaged
property was
made at the ad
interim stage, no
reliefs were
granted to
Sandeep
Raheja.
IL&FS has
therefore
proceeded to sell
the mortgaged
property.
Alleging to be
aggrieved by this
sale by IL&FS,
Sandeep Raheja
is now seeking
to set aside the
sale and has for
the said
purpose, filed an
application by
way of a
chamber
summons for
impleading the
said purchaser
as a party
defendant to the
suit and for
consequential
amendments to
the plaint in the
said suit. The