Order 1

Order Details: Chamber summons
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MHCC010033312018
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 436 OF 2018
IN
SUMMARY SUIT NO. 735 OF 2015
Sanjoy Susim Datta ...Plaintiff
V/s.
1. Fabtex India & Ors. ...Defendants
And
Deepali Manish Makharia ...Proposed defendant
Appearance :
Ld. Adv Mr. Sunil Vyas i/b. Fox Mandul & Associates for plaintiff.
Defendants absent.
CORAM : HHJ DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 14/06/2022.
ORDER
The present chamber summons is moved by the plaintiff seeking
addition of one of the partner of the Defendant No.1 firm as party
defendant.
2. Perused the Chamber Summons and affidavit in support of it.
Heard Ld. Adv Mr. Sunil Vyas i/b. Fox Mandul & Associates for plaintiff.
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He submits that at the time of filing of the suit, plaintiff was not aware
about the exact number of partners of the Defendant No.1 firm. During
pendency of the suit, the plaintiff has received copy of the Partnership
Deed of Defendant No.1 firm. From the said Partnership Deed, the
plaintiff has come to know that the proposed defendant i.e. Smt.
Deepali Manish Makharia is one of the partners of Defendant No.1 firm.
He submits that the proposed defendant being necessary party, plaintiff
wish to add the said Deepali Manish Makharia as Defendant No.4 by
amending plaint.
3. Defendants are served with chamber summons, however they
have not filed reply. Today also none appeared for the defendants.
4. On perusal of Partnership Deed dated 13/08/2003 placed on
record along with affidavit in support of chamber summons, it
transpires that the proposed defendant is a partner of Defendant No.1
firm. As such, the proposed defendant is a necessary party. Hence,
amendment deserves to be allowed. Hence, the order.
ORDER
1. Chamber Summons No.436/2018 is hereby allowed in terms of
prayer clause (a).
2. The plaintiff to carry out necessary amendment within 14 days
from the date of this order.
3. Plaintiff to serve newly added defendant and file affidavit of
service.
4. Plaintiff to carry out necessary amendment in Summons for
Judgment and other pending applications, if any.
5. Cost in cause.
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6. Chamber Summons No.436/2018 is disposed of accordingly.
`
Date- 14/06/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai.
Court Room No.61
Dictated on : 14/06/2022
Transcribed on : 14/06/2022
Signed on : 15/06/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/06/2022 at p.m.2.45p.m. Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
14/06/2022
JUDGMENT/ORDER signed by P. O. on 15/06/2022
JUDGMENT/ORDER uploaded on 15/06/2022
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