Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 416-2019 in Suit no. 1826-2014
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 416 OF 2019
IN
L.C. SUIT NO. 1826 OF 2014
M/s. Sambhav Enterprises & Ors. ]...Plaintiffs
Versus
1. Vir Hanumar Cooperative Hsg. ]
Society Ltd. & Ors. ]
2. The Municipal Corporation of Greater ]
Mumbai ]... Defendants
AND
M/s. Apex Developers & Ors. ]...Respondents
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 23rd April, 2019.
Appearance:
Ld. Adv. Mr. Hasan Shaikh for plaintiff.
Ld. Adv. Mr. Dhumale for defendant/MCGM.
Ld. Adv. Mr. Ashish Ved for defendant nos. 6, 26, 27.
Ld. Adv. Mr. Thorat for respondent.
ORDER
1. The plaintiff by this Chamber Summons, seeks to add the
proposed defendant no. 29 and 30 as party defendants in the suit.
CNR No. MHCC010021142019
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2 Ch.S. 416-2019 in Suit no. 1826-2014
2. It is contended by the plaintiff that during the pendency of the
suit, it had entered into a joint venture agreement with the proposed
defendant no. 29 in relation to property which is the subject mater of
the present suit. It is submitted that proposed defendant no. 29, be
added as party defendant in the suit.
The chamber summons is resisted by the defendants. It is
contended that the chamber summons is abuse of process of law. It is
submitted that no agreement is produced on record by the plaintiff. It
is contended that the proposed defendant have no role in present suit.
3. Heard the Learned Advocate for the plaintiff and Learned
Advocate for the defendant.
4. The question of impleadment of a party has to be decided on the
touchstone of Order 1 Rule 10 which provides that only a necessary and
proper party may be added.
5. It is contended by the plaintiff that the plaintiff and proposed
defendant no. 29 and 30 had entered into the joint venture agreement
to develop the property involved in the suit. In the light of the
agreement proposed defendant had entered in the suit property.
6. The say of the defendant nos. 6, 26 and 27 does not point out as
to how their rights would be prejudice. The proposed defendant have
interest in the suit property, therefore, they are necessary party in the
suit. In the result, following order is passed.
ORDER
1. Chamber Summons No. 416 of 2019 is allowed.
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3 Ch.S. 416-2019 in Suit no. 1826-2014
2. The plaintiff to carry out the amendment within 14 days from the
date of order.
(Sanjay N. Yadav)
Judge,
Date: 23.04.2019 City Civil Court, Mumbai.
Dictated on : 23.04.2019
Transcribed on : 23.04.2019
Signed by HHJ on : 30.04.2019
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4 Ch.S. 416-2019 in Suit no. 1826-2014
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 02.05.2019 at 1.00 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
23.04.2019
JUDGMENT/ORDER signed by
P.O. on
30.04.2019
JUDGMENT/ORDER uploaded
on
02.05.2019
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