Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 8 ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100080/2020
Mr. Ketan Dhansukhlal Thakrar Vs MCGM - Applicant - Mulund Bharat Kunj Co-
operatvie Hsg. Ltd.
Date : 23-01-2020
Business : Adv. Gangarkar for plaintiff present and file
common ch/s reply No. 79/2020 and 80/2020.
Copy served to other side. Adv. Sushant Chavan
for applicant present and file original ch/s
79/2020 along with affidavit in support. Adv. Mrs.
Hajare for MCGM/Deft. present. Adv.Deepali
Khare for defendant present and file original ch/s
No.80/2020 along with affidavit in support. Order
on ch/s 79/2020 Heard both side. Perused ch/s
along with the reply filed by the plaintiff. Herd
both side. Sui is filed by challenging n/s 351 of
MMC Act. The applicant in the capacity of
developer wants to implead as party in those suit.
After scrutinizing the pleadings I am of the
opinion that if the applicant is allowed to be a
party to a suit it will not change any nature of suit.
Considering contents of application proper and
necessary party to decide controversial issue on
merit . Accordingly prayer made in ch/s 1. Prayer
(a) ch/s is made absolute. 2. Plaintiff to carry out
amendment on or before next date. Matter ajdd to
04.02.2020 for compliance by the applicant. Order
on ch/s 80/2020 Heard both side. Perused ch/s
along with the reply filed by the plaintiff. Herd
both side. Sui is filed by challenging n/s 351 of
MMC Act. The applicant in the capacity of Society
wants to implied as party those suit. After
scrutinizing the pleadings I am of the opinion that
if the applicant is allowed to be a party to a suit it
will not change any nature of suit. Considering
contents of application proper and necessary party
to decide controversial issue on merit .
Accordingly prayer made in ch/s 1. Prayer (a) ch/
s is made absolute. 2. Plaintiff to carry out
amendment on or before next date.
Nature of Disposal : ALLOWED
Disposal Date : 23-01-2020
COURT 8 ASST SESSIONS JUDGE
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