Final Order 1

Order Details: Other
Pdf Text: 27.03.2019
St.2566/19
Exh.4
Exh.5
Exh.6
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Dalal for Plaintiff present.
Adv. Parekh for Defendant no.1 present.
Ex.4 Adv. Ryan D'souza filed V/n for Defendant no.2 t.o.r.
Adv. for plff tendered draft Ch/s t.o.r.
Leave granted to register it.
Copy given to other side.
Say filed by Defendant nos.1 and 2 on draft Ch/s.
Ex.5 Amendment appln to Ch/s filed by Adv for Plaintiff t.o.r.
Allowed as per order passed on Ex.5.
Order below draft Chamber Summons.
Read Chamber summons, affidavit in support of it, say of proposed defendant
and Defendant no.1.
Plaintiff company wants to implead respondent as party defendant no.2 to the
suit and also want to incorporate contention in relation to proposed defendant in
plaint.
It is contended that during pendency of suit defendant at the time of argument
submitted that they have entered into business conducting agreement
dtd.14.02.2019 with respondent for inter alia use of suit premises in terms of said
agreement and also tendered said agreement. In view of subsequent development
I am of the view that respondent being property party their presence is required
for complete adjudication of matter. Hence, I am inclined to permit Plaintiff to
implead respondent as defendant no.2. Amendment as sought in clauses 2 and 3
of schedule annexed to chamber summons are consequential to impleadment of
respondent as party defendant, so same are necessary. Therefore, I am inclined to
allow those amendments to plaint. Henec pass following order.
ORDER
1. Draft chamber summons is allowed and made absolute in terms of prayer
clauses (a) and (b).
2. Plaintiff is directed to carry out amendment within two weeks from date of
order.
3. Draft chamber summons be registered for statistical purposes.
Accordingly, draft Chamber summons is disposed off.
Pankaj Kanojia present on behalf of defendant no.2 claimed to be partner of said
firm. He voluntarily admits having signed consent terms and agreed terms in it.
K.B.
L.O.
Adv. Sigarla for Plaintiff present.
He tendered draft Ch/s t.o.r.
Leave granted to register it.
Copy of it be served on proposed defendant no.3 and 4.
Copy given to other side.
Ex.6 Adv. Nachiket filed V/n for Defendant nos.2 to 4 t.o.r.
Say filed by defendants on draft Ch/s itself.
With consent of parties matter is posted for hearing on Ch/s to 29.03.2019.
Judge
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