Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 182-2019
MHCC010009732019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.182 OF 2019
IN
SUIT NO. 3805 OF 2011
C.D. Shah HUF, through its Karta
and Manager, Shri. Chittaranjan D. Shah … Plaintiff
V/s.
H.D. Shah HUF, through its Karta
and Manager, Shri Hemant D. Shah and Ors. ....Defendants
AND
M/s. Jupiter Exports … Applicant
Appearances :
Ms. Kainaz Irani a/w Mr. Balram Mohanty i/b Mohanty Associates for
plaintiff is present.
Advocate Amrut Joshi a.w Saurish Shetye i/b Bhushan Vardhamne for
applicant is present.
Advocate Mrunal More for defendant no. 1 is present.
CORAM : D. R. DESHPANDE
JUDGE,
(C.R.NO.02)
DATE : 16th JULY, 2026
ORDER
1. This Chamber Summons is taken out for impleadment of
the applicant (intervenor) as defendant to the suit.
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2 CS 182-2019
2. It has been contended that the suit has been filed for
dissolution of partnership, accounts, distribution of assets, appointment
of commissioner and receiver amongst the averred partners of the
partnership firm regarding the property, which is in possession,
management and enjoyment of the applicant, and hence, any decree
passed in the suit would prejudice to the plaintiff. It has also been
contended that plaintiff obtained an order of appointment of receiver
with direction to him to take possession of the suit premises, which was
challenged by the applicant before Hon’ble High Court by different
proceedings, which are pending. It has been contended that plaintiff
deliberately omitted to implead applicant as defendant.
3.
Per contra, it has been submitted on behalf of the plaintiff
that, the Chamber Summons has been registered on the ground that the
applicant has the right, title and interest in the suit property and he is in
possession of the same, which, however, he may independently, and
plaintiff being
Dominus Litus, he should not be taxed to implead the
applicant as party defendant transcending the original cause of action.
4. Upon perusal of the pleadings in the suit, it appears that
the suit is concerning a property, where plaintiff has been claiming right
independent of any cause of action available for applicant against
plaintiff. Suit is amongst plaintiff and defendants, who are averred to be
partners in the partnership firm owning and managing the suit property
/ business.
5. If, at all, plaintiff is claiming owner / possessor of the suit
property, he may agitate his own rights by coming as plaintiff; but can
not tax the plaintiff to implead him as defendant against the desire of
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plaintiff, when decree can be passed without his presence. Furthermore,
applicant can not be said to be a person affected by the decree that may
passed in this suit as it would not bind him and even the direction for
taking over possession to the receiver would be the direction against the
parties and not applicant so that applicant can always agitate against
any decree that may be passed if put to execution, either by raising
objection before the executing court or by filing separate suit for
establishment of his rights. Applicant is, therefore, neither a necessary
party nor a proper party. Chamber Summons, therefore, needs to be
dismissed.
In the result, I pass the following order :
ORDER
Chamber Summons No.182 of 2019 is dismissed.
(D.R. Deshpande)
Judge,
City Civil Court,
Date: 16.07.2026 Gr. Bombay.
Dictated on : 16.07.2026
Transcribed on : 16.07.2026
Signed on : 16.07.2026
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4 CS 182-2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16.07.2026 At 5.39 P.M. J.S. Chavan
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room Number)
HHJ D.R. DESHPANDE
JUDGE, CITY CIVIL COURT
(C.R.NO.02)
Date of pronouncement of
Judgment/ Order
16.07.2026
Judgment/Order signed by P.O.
on
16.07.2026
Judgment/Order uploaded on 16.07.2026
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