Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010007882020
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 103 OF 2020
IN
LONG CAUSE SUIT NO. 3343 OF 2019
Mr. Mahesh Nenshi Shah ... Plaintiff
V/s.
The Municipal Corporation for
Greater Mumbai. … Defendant
AND
Dream Motels Private Limited ...Applicant
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 10/01/2022
Adv. Mr. Lalit Jain for the plaintiff.
Adv. Savita Patni for the applicant.
Adv. Ms. Meena Dhuri for the defendants/BMC.
ORAL ORDER
1. This Chamber Summons is taken out by the Applicant to
direct the plaintiff to implead the applicant as the party defendant in
the suit.
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2 Ch/s. 103/2020
2. Perused the Chamber Summons and reply of the plaintiff
and defendant corporation. Heard advocates for the parties at the
length.
3. It is contended by the Applicant that he is owner/landlord
of the suit property. The original tenant Mr. Laxmichand Shah and the
plaintiff have illegally and unauthorisedly changed the user of the
garage to the commercial use. The applicant has filed R.A.E & R Suit
No. 1394/2013 against original tenant Mr. Laxmichand Shah and the
plaintiff, which is pending in Small Causes Court, Mumbai. The
defendant corporation has initiated action against the plaintiff on the
basis of the applicant's complaint. The applicant further contended that
the plaintiff is illegally and unauthorisedly using the parking space as a
commercial office. The plaintiff has carried out additions and alterations
in the suit premises and started business from the garage premises in
the name and style of ' M/s. Shah Travelling Agency”.
4. The notice issued by the defendant/BMC to the plaintiff
under section 351 of the Mumbai Municipal Corporation Act. It is the
case of the applicant that plaintiff has carried out unauthorised
construction in the suit property. According to him, his right would be
affected by the said suit if he is not joined as a party. Therefore, for
proper adjudication of the suit, the applicant should be joined as a party
defendant to the present suit.
5. Undisputedly, the applicant Dream Motels Private Limited
is the owner of the suit property. Admittedly, there is a dispute between
the plaintiff and applicant pertaining to the suit property which is
subjudice before the court. Therefore, fair opportunity of hearing has to
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3 Ch/s. 103/2020
be given to the applicant in this suit. Therefore, it is necessary to add
applicant as a party defendant to the suit for the proper and effective
adjudication of the suit.
6. The proposed amendment will not change the nature of the
suit in any way and on the contrary it will help to decide the matter on
merits. Hence, the proposed amendment deserves to be allowed for
causing amendment in the plaint. It is necessary to direct to plaintiff to
add applicant as a party to the suit by carrying amendment in the same.
Hence, I pass following order.
ORDER
1. The Chamber Summons No. 103/2020 is allowed.
2. The plaintiff is directed to implead applicant as a party
defendant to the suit by carrying necessary amendment
in the plaint within 14 days from today.
3. The Chamber Summons No.103/ 2020 is disposed off.
(S.G.Shaikh)
Judge,
Date : 10/01/2022 City Civil Court, Gr.Mumbai.
Dictated on :10/01/2022
Typed on : 10/01/2022
Signed on :
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4 Ch/s. 103/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/01/2022 04.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
10/01/2022
JUDGMENT/ORDER signed by
P.O.on
10/01/2022
JUDGMENT/ORDER uploaded on 10/01/2022
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