Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1.. CS No.187/2020
MHCC010013442020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 187 OF 2020
IN
S.C.SUIT NO.4201 OF 2009
(HIGH COURT SUIT NO.2287 OF 2009)
ICICI Bank Ltd. …Applicant
(Defendant No.5)
In the matter between
Hybrid Finance Services Ltd. ...Plaintiff.
Versus
Kanoo Holding Pvt Ltd. and 5 others. … Defendants.
Appearance
None present for plaintiff.
Adv. Omprakash Pandey for defendant no.3.
Adv. Vijendra Purohit for the defendant no.5.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 12th October, 2021
ORAL ORDER
Heard advocate for defendant no.3 and 5 on chamber summons
moved on behalf of defendant no.5/applicant for deleting name of
defendant no.5 from the suit.
-- 1 of 4 --
ORDER ..2.. CS No.187/2020
2. Advocate for plaintiff remain absent at the time of hearing.
Perused the chamber summons, reply of defendant no.3 and
proceedings of the case.
3. Contention of advocate for defendant no.5 is that prayer clause
(d) in the suit is deleted by the plaintiff by way of amendment as per
oder dated 08.02.2019 in chamber summons no.2036/2016. As no final
relief is claimed against defendant no.5, defendant no.5 is not proper or
necessary party. Hence he prayed for allowing the chamber summons.
4. Advocate for defendant no.3 strongly opposed the chamber
summons contending that merely because prayer clause (d) is deleted,
it does not means that defendant no.5 is not a necessary and proper
party. Chamber summons is not filed by the plaintiff. Defendant no.5
suppressed relevant facts and documents from the Court. In fact
defendant no.5 never executed agreement with the plaintiff.
Defendant no.5 is a proper and necessary party. Suit is filed in the year
2009. Present chamber summons is filed after more than 10 years.
Chamber summons is barred by limitation. Hence prayed for dismissal
of chamber summons.
5. It is a matter of record that suit is for declaring Agreement for
Sale dated 31.12.2003 entered into by and between ICICI Bank Limited
i.e. defendant no.5 herein as vendor and defendant nos.3 and 4 as
purchaser is void, illegal and not binding on the plaintiff so far as the
suit premises is concerned and that defendant no.3 & 4 do not have any
right of whatsoever nature so far as the suit premises is concerned.
6. Subsequently plaintiff had moved chamber summons no.2036 of
-- 2 of 4 --
ORDER ..3.. CS No.187/2020
2016 for deleting prayer clause (d) from the plaint on the ground that
plaintiff did not wish to seek prayer clause (d) wherein the property of
the defendant no.3 & 4 i.e. 223.05 sq. mts. more particularly described
in the plaint is not related to the plaintiff. This court allowed said
chamber summons by order dated 08.02.2019 and accordingly prayer
clause (d) in the plaint is deleted.
7. Thus it appears that defendant no.3 was having knowledge
about deletion of prayer clause (d) which was relating to defendant
no.5. Contention of advocate for defendant no.3 is that defendant no.5
is a proper and necessary party but he has not challenged order dated
08.02.2019. Further as per defendant no.3, defendant no.5 had never
executed an Agreement for Sale with the plaintiff. May be so, as prayer
clause (d) of the plaint is deleted and now no relief is claimed by the
plaintiff against defendant no.5, defendant no.5 is not a necessary party.
Hence chamber summons is liable to be allowed. In the result following
order.
O R D E R
1. Chamber summons no. 187 of 2020 is allowed and disposed of.
2. Name of defendant no.5 be deleted from the title clause of the
plaint.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 12.10.2021
Typed on : 12.10.2021
HHJ signed on : 12.10.2021
-- 3 of 4 --
ORDER ..4.. CS No.187/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 12.10.2021, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
12.10.2021
JUDGMENT/ORDER signed by P.O.
on
12.10.2021
JUDGMENT/ORDER uploaded on 12.10.2021
-- 4 of 4 --