Bismilla Ali Asgar BhanpurwalaVsMinhaj Siraj Ahmed And Ors - Applicant Def. No.12

Date: 25-02-2019
Business: Adv. Garewal for plaintiff present.
Adv. Jaiswal for defendant nos. 7 and 8 present.
Adv. Mangale for defendant nos. 1 to 6 present.
Adv. Kaushik for defendant no. 12 present.
Adv. Namrata for defendant nos. 9 to 11 present.
Adv. for defendant no. 12 filed draft NM.  Leave granted to register it.  Copy is given to other side.
Plaintiff to say.
Order below draft NM
Read NM and reply.  Defendant  no. 12 has taken out NM for striking out the name from the array of parties on the count that he is not contesting the claim of plaintiff on merits and submit to order and judgment of this court and he is ready and willing to provide information available with him if so directed by the court.   Even in his absence plaintiff would have maintained this suit. His presence is not required to adjudicate alleged claim of the plaintiffs.  Accordingly it is urged that his name be struck out from array of parties.  Plaintiffs have no objection to allow notice of motion.  I have gone through plaint.  The plaintiffs have only made prayer against this defendant is in relation to providing information and documents of deceased husband of the plaintiff no. 1.  Defendant no. 12 acted as Chartered Accountant who allegedly looked after individual IT returns of plaintiff no.1\''s husband.     In the facts of matter it is clear that presence of defendant no. 12 is not necessary for adjudicating controversy between the parties.   Therefore, I am inclined to allow notice of motion.  Hence, pass following order.
ORDER
1.  Notice of Motion is allowed and made absolute in terms of prayer clause (a).
2.  Plaintiffs are directed to carry out amendment in cause title within period of two weeks from the date of order.
3.  For statistical purpose Notice of Motion be registered.
Order below Exh. 12
Read application and say of plaintiff.  Plaintiff has no objection to restore Chamber Summons nos. 1846/17.  Defendant nos. 1 to 6 had filed above referred chamber summons but in view of entry in roznama dated 19.4.2018 aforesaid chamber summons has been removed from the board and it is shown that the said chamber summons is already disposed of.  Previous roznamas do not show that said chamber summons has been disposed of. Therefore aforesaid chamber summons has been restored to its original number.  Accordingly Exh. 12 is allowed
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Adjourned for Ch/s reply and compliance to 29.3.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2019

Main Case No: SUIT/0101295/2017
Main Cnr: MHCC010046362017
Main Filing No: 111447

Filing Number: 102376/2019
Filing Date: 02-03-2019
First Hearing Date: 25th February 2019
Decision Date: 25th February 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE