Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 57619 in Suit No.849193
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.576 OF 2019
(CNR No. MHCC010028112019)
IN
SUIT NO.8491 OF 1993
(CNR No.MHCC010096982012)
Om Sadan Cooperative Housing Society Ltd. & Ors. } ...PLAINTIFFS.
Versus
Om Sadan Private Limited & Ors. }...DEFENDANTS.
And
Karuna Rajan }...RESPONDENT.
Shri.Jayakars, learned advocate for the plaintiffs.
Smt.Sakshi Sangar, learned advocate for defendant No.29.
Smt. Laxmi Mankar, learned advocate for respondent.
CORAM: HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 23/04/2019)
1. This Chamber Summons is taken out by respondent for
seeking permission to transfer Flat No.201 in the suit property by
defendant No.29 in favour of the respondent & to add the respondent as
defendant No.29 at place of existing defendant No.29 by deleting the
existing defendant No.29. Certain other reliefs are also claimed.
Plaintiffs & defendant Nos.27 to 30 have no objection to accept the
prayers made in the Chamber Summons.
2. Learned advocate for the respondent drew my attention to
the PC Order dtd.03/08/2018 passed by Hon'ble High Court in Appeal
From Order No.265 of 2018 with Civil Application No.380 of 2018
whereby, Hon'ble High Court is pleased to set aside order dt.15/1/2018
passed by this court in Chamber Summons No.1500/2017 wherein,
almost similar reliefs as like in the present Chamber Summons were
claimed in respect of Flat No.134 in the suit property. Hon'ble High
Court is pleased to allow the said Chamber Summons. Present Chamber
-- 1 of 3 --
2 CS 57619 in Suit No.849193
Summons is based on the same set of facts. There is no denial to the
contentions raised in the affidavit filed in support of the Chamber
Summons that existing defendant No.29 has already paid the dues to
Committee of Receiver hence, I am inclined to accept the prayers made
in the Chamber Summons. Thus, an order.
O R D E R
Chamber Summons No.576/2019 is allowed in terms of
prayer clauses(a) to (f) with direction that plaintiffs shall join the
respondent as defendant No.29 by deleting the existing defendant
No.29 from the titleclause of the plaint, by carrying out the
necessary amendment, on or before next date.
After the amendment is so carried out, replaced defendant
No.29 i.e. present respondent is permitted to file undertaking in
terms of prayer clause(b) of the Chamber Summons within 4
weeks thereafter.
Date: 23/04/2019. (P. P. RAJVAIDYA)
Dictated on : 23/04/2019. Judge, C.R.No.12,
Transcribed on : 25/04/2019. City Civil Court,
Checked on : 25/04/2019. Gr. Bombay.
Signed on : 25/04/2019.
-- 2 of 3 --
3 CS 57619 in Suit No.849193
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
25/04/2019 at 11.30 a.m. Mrs.Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 23/04/2019
Order signed by P.O. on 25/04/2019
Order uploaded on 25/04/2019
-- 3 of 3 --