...leave.5. We have heard Mr Rohit Kapadia, learned Senior Counsel appearing for the appellant and Mr S. Ganesh, learned Senior Counsel for the respondent. We have perused...Kapadia, learned counsel for the appellant, submits that in the event the prayer for amendment is allowed by us his client undertakes to file the amended written statement by day after tomorrow i.e 12-7...-2007 before the Special Court. Since, we are of the view that delay is no ground for not allowing the prayer for amendment of the written statement and in view of the submissions made by Mr Kapadia...

.... Rohit Kapadia Senior Advocate with Mr. V. M. Singh Advocate for the Appellant. Mr. J.J. Bhatt Senior Advocate with Mr. Kumar Desai, Ms. Daya Gupta and Ms. Cloris John Advocates for the Respondent...

...001. Appellant Versus Securities and Exchange Board of India SEBI Bhavan, Plot No.C4-A, G-Block, Bandra Kurla Complex, Mumbai 400 051. Respondent Mr. Rohit Kapadia, Senior Advocate...April 25, 2011 and the subsequent supply of additional documents and filing of additional affidavit by the Appellant. 10. Learned senior counsel Mr. Rohit Kapadia, Mr. P.N. Modi...records, no reasonable person would hold the Appellant guilty of volume creation. 12. Lastly, it was vehemently argued by Mr. Rohit Kapadia and Mr. P.N. Modi, learned senior counsel, that...

...appellants urging various grounds.11. We have heard Mr Ram Jethmalani, the learned Senior Counsel on behalf of the appellant and Mr Rohit Kapadia and Mr Pradeep Sancheti, the....18. On the other hand, the learned Senior Counsel appearing on behalf of the respondents, Mr Rohit Kapadia and Mr Pradeep Sancheti contend that Article 91(a) of the...agree with the contention of Mr Rohit Kapadia and Mr Pradeep Sancheti, the learned Senior Counsel appearing on behalf of the respondents. The suit bonds in the instant case are movable properties which...

...) Rohit A. Kapadia v. Perviz J. Modi, 2013 (4) Mh. LJ. 940, (iii) Shyamabai Surajkaran Joshi v. Madan Mohan Mandir Sanstha, 2014 (2) Mh. LJ...amendment application after commencement of the trial and this observation satisfies the criteria laid down in the case of Rohit A. Kapadia (supra) that presence or absence of pleadings of due diligence...circumstances of the case, thereby satisfying the test laid down in the case of Rohit Kapadia (supra). The criterion is not whether any averment regarding due diligence is made, and the real test is...

...CIVIL JURISDICTION APPEAL NO. 564 OF 2015 IN SUIT NO. 603 OF 2005 1. Rohit A. Kapadia...case, examined PW 1 - Mr. Rohit Kapadia (plaintiff No. 1). The defendant examined her husband Mr. Jamshed Modi (DW-1) and their Tax Advisor Mr. Rakesh Sirsalewala (DW-2...between Mr. Rohit Kapadia and myself wherein based on my judgment the price suggested was broadly found to be acceptable. However the defendant had never expressly agreed on...

.... Mr. Rohit Kapadia submitted that the plaintiffs have also relied on the pari passu agreement entered into by and between the plaintiffs and defendants Nos. 5 to 7, which covers all the securities...be ranked in accordance with the same, it can be said that a part of the cause of action has arisen within the limits of this Court. I am not inclined to accept this submission of Mr. Kapadia. The.... Kapadia submitted that if leave is revoked in respect of that part of the cause of action which relates to the Calcutta properties, the plaintiffs would be put to an anomalous situation, inasmuch as...

...Counsel Shri Desai appearing for the defendant had categorically stated that he does not want to press prayers (a) and (b) in Chamber Summons. Even Shri Rohit Kapadia, learned Counsel and his learned...the defendant and in fact there is no need why defendant should be dispossessed prior to the actual sale and prior to the occasion of handing over the possession arises.8. Shri Rohit...Kapadia, the learned Counsel appearing for the plaintiff Bank firstly contended that this Court should not interfere as the order impugned is an Ad-interim order. Shri Kapadia contended that as a matter...

...the present appeals are filed by the appellants urging various grounds. We have heard Mr. Ram Jethmalani, the learned senior counsel on behalf of the appellant and Mr. Rohit Kapadia and...under an arrangement, which in law would constitute wrongful conversion. On the other hand, the learned senior counsel appearing on behalf of the respondents, Mr. Rohit Kapadia and...Mr. Rohit Kapadia and Mr. Pradeep Sancheti, the learned senior counsel appearing on behalf of the respondents. The suit bonds in the instant case are movable properties which are capable of being...

...ORIGINAL CIVIL JURISDICTION SUIT NO. 603 OF 2005 1. Rohit A. Kapadia ) 2. Sandhya R. Kapadia, both of Mumbai, Indian ) Inhabitants...between Mr. Rohit Kapadia and myself wherein based on my judgment the price suggested was broadly found to be acceptable. However the Defendant had never expressly agreed...on any aspect. The entire issue even as understood and indicated by Mr. Rohit Kapadia, was to be finalised through written Memorandum of Understanding and Agreement to...

...Affidavit of Evidence categorically deposed as follows:“It is true that there were exchange of emails between Mr. Rohit Kapadia and myself wherein based on my judgment...the price suggested was broadly found to be acceptable. However the Defendant had never expressly agreed on any aspect. The entire issue even as understood and indicated by Mr. Rohit Kapadia, was to be...(ROHIT KAPADIA).2. We understand then that a requisite deposit is to be made and such deposit is to be held in escrow?THAT IS CORRECT. AFTER RECEIVING A SIGNED COPY OF THE...

....8. I have heard the parties at length. Mr. Rohit Kapadia learned counsel appearing on behalf of Appellant in Company Appeal No. 16 of 2005 and 17 of 2005 has framed before me two questions of law...required to be set aside.10. Learned counsel Mr. Kapadia in support of his contentions has contended that for the Company Law Board to assume a jurisdiction and pass orders under s.397 and...

.... Mumbai - 400 021. ] No.1 to 11) 3 ALONGWITH NOTICE OF MOTION NO. 1421 OF 2009 Mr. Rohit Kapadia, senior..., as stated earlier, and referred to in the above referred SLP, the ma t ter was listed and was heard on 8th April, 2009. The argu ments concluded on 9th April, 2009. Mr. Rohit Kapadia, the...-fixed for hearing on this aspect on 17th April, 2009. On the said date, the learned senior counsel Mr. Rohit Kapadia sub mi t ted that even though there is no specific prayer m ade in the language of...

.... L. J. (ii) Rohit A. Kapadia and another Vs. Perviz J. Modi, 2013(4) Mh. L. J. 940. (iii) Shyamabai Surajkaran Joshi Vs. Madan Mohan...Rohit A. Kapadia(supra) that presence or absence of pleadings of due diligence does not -- 8 -- matter and it is the application of mind of the Court to the facts and circumstances of the case and a...indicates application of mind on the part of learned Civil Judge, to the facts and circumstances of the case, thereby satisfying the test laid down in the case of Rohit Kapadia(supra). The criterion is not...

...of Respondent 1.”Submissions17. Mr Rohit Kapadia, learned Senior Counsel appearing on behalf of the appellant would submit that...

.../s. Kanga & Co. for appellants. Mr. Rohit Kapadia with Mr. Vinod Kothari with Ms. Suchitra Patra i/by M/s. K.V. Aiyer & Associates for Respondent Nos.1 and 2...

...facts and circumstances of the case, thereby satisfying the test laid down in the case of Rohit Kapadia (supra). 5...

...learned senior counsel on behalf of the appellant and Mr. Rohit Kapadia and Mr. Pradeep Sancheti, the learned senior counsel on behalf of the respondents. On the basis of the factual circumstance and...law would constitute wrongful conversion. On the other hand, the learned senior counsel appearing on behalf of the respondents, Mr. Rohit Kapadia and Mr. Pradeep Sancheti contend that..., it must be specific, and secondly, it must be capable of being possessed. We are unable to agree with the contention of Mr. Rohit Kapadia and Mr. Pradeep Sancheti, the learned senior counsel appearing...

.... Chaudhary with Mr. Shyam Diwan, Ms P.L. Bachhani and Ms. Ranjana Roy i/b. I.R. Joshi and Co. for Resp. no.1 to 3. Mr. Rohit Kapadia with Arif Doctor i.b. Dhruv Liladhar and Co. for Resp. no.4 to 12...contentions of the appellant and therefore can be disposed off together. 8. I have heard the parties at length. Mr. Rohit Kapadia learned counsel appearing on behalf of Appellant... :2: ------------ Mr. R.A. Kapadia with Mr. Arif Doctor i/b. Dhruv Liladhar and Co. for Appellants. in Appeal...

.... Bachhani and Ms. Ranjana Roy i/b. I.R. Joshi and Co. for Resp. no.1 to 3. Mr. Rohit Kapadia with Arif Doctor i.b. Dhruv Liladhar and Co. for Resp. no.4 to 12. CORAM: S.U. KAMDAR, J...disposed off together. 8. I have heard the parties at length. Mr. Rohit Kapadia learned counsel appearing on behalf of Appellant in Company Appeal No. 16 of 2005 and 17 of...) :2: ------------ Mr. R.A. Kapadia with Mr. Arif Doctor i/b. Dhruv Liladhar and Co. for Appellants. in Appeal No. ...