Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S No.552/2020 1 L.C. Suit No.4418/2011
(CNR NO. MHCC01-004280-2020)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 552 OF 2020
IN
CHAMBER SUMMONS NO. 356 OF 2020
IN
NOTICE OF MOTION NO.414 OF 2020
IN
L.C. SUIT NO. 4418 OF 2011
(HIGH COURT SUIT NO. 2384 OF 2011)
Anup Lalwani )
Age 42, Occu Architect )
Residing at Flat No.C-301 )
Emgee Green Co-operative Housing )
Society, MTV Road, Antop Hill, )
Wadala (E), Mumbai – 400 037 )... Applicant
In the matter between
Emgee Green Co operative Housing )
Society, MTV Road, Antop Hill, )
Wadala (E), Mumbai – 400 037 )....Plaintiff
V/s.
1. The Municipal Corporation of Greater )
Mumbai, having its office at )
Mahapalika Marg, CST, Mumbai – 400 001 )
2. Mudit Gupta Sole Proprietor of Emgee )
Developers and Consultants having his )
address at 17/17A, Babubali Building, )
Cawasji Patel Road Mumbai – 400 001. )
3. Hareraji Family Trust represented )
by Mr. Ashwin Gupta having its placed of )
business at India Steel No.1 India Bulls, )
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CH/S No.552/2020 2 L.C. Suit No.4418/2011
Center Tower B-2 10th Floor, )
Elphinstone Road (W) Mumbai )
4. SPV Family Trust represented )
by Mr. Ashwin Gupta having its place of )
business at India steel No.1 India )
Bulls, Center Tower B-2 10th Floor, )
Elphinstone Road (W) Mumbai )
5. Ashiana Family Trust represented )
by Mr. Ashwin Gupta having its place )
of business at India steel No.1 India )
Bulls, Center Tower B-2 10th Floor, )
Elphinstone Road (W) Mumbai. )
...Defendants
APPEARANCE:-
Ld. Adv. Dnyaneshwar Jadhav for applicant.
Ld. Adv. Jash Vyas i/b Jash Vyas and Company for plaintiff.
Ld. Adv. Vyavahare for defendant/BMC.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 1st October, 2020.
ORDER
This Chamber summons is moved by applicant to permit
him to carry out amendment in his chamber summons bearing
No.356/2020.
2. It is averred by applicant in his affidavit filed in support of
chamber summons that he had moved Chamber Summons
No.356/2020 to implead himself as party defendant in the Notice of
Motion No.414/2020. He was under impression that his impleadment
as party in notice of motion No.414/2020 will suffice the purpose.
Therefore, he had not prayed for adding him as party in L.C. Suit
No.4418/2011. However, he realised that without being party in suit,
he cannot contest the Notice of Motion No.414/2020. Therefore, he has
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CH/S No.552/2020 3 L.C. Suit No.4418/2011
moved present chamber summons to carry out the amendment in
chamber summons and permitting him to implead himself as party in
L.C. Suit No.4418/2011.
3. Plaintiff has objected for allowing the chamber summons.
4. Learned advocate for applicant has argued in lines of his
pleadings in chamber summons and relied upon the observations in
Chitralekha Builders and another V/s. G.I.C. Employees Sonal Vihar
Co-operative Housing Society Ltd and others, (2005) 4 Mah LJ 360.
5. I have heard both the learned advocates. Perused the file.
6. Chamber Summons No.356/2020 was moved by applicant
praying to permit him to implead himself as party in Notice of Motion
No.414/2020. However, now applicant wants to amend his Chamber
Summons No.356/2020 by carrying out the amendment to the effect
that he be permitted to implead himself as party defendant in L.C. Suit
No.4418/2011. Applicant has grievance that plaintiff has made
allegations against him of collusion which needs to be reburted by him
in Notice of Motion No.414/2020. In order to avoid technicalities, he
has moved present chamber summons. The prayer in present chamber
summons is formal to amend the prayer clause in Chamber Summons
No.356/2020. In order to contest the Chamber Summons No.356/2020
on merits, applicant needs to be given opportunity. Therefore, in the
interest of justice, the prayer in chamber summons of plaintiff deserves
to be allowed. In result, I proceed to pass following order.
ORDER
1. Chamber Summons No.552/20 is hereby allowed.
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2. Applicant is permitted to amend his Chamber Summons
No.356/20 on or before next date as prayed in Schedule-I
annexed to present chamber summons.
3. Costs in cause.
4. Chamber Summons No.552/2020 is accordingly disposed of.
(C.P. Jain)
Ad-hoc Judge, (C.R.No.06)
Date : 01.10.2020 City Civil Court, Gr. Bombay
Dictated on : 01.10.2020.
Transcribed on : 03.10.2020.
Signed on : 05.10.2020.
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CH/S No.552/2020 5 L.C. Suit No.4418/2011
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.10.2020, 11.37 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
01.10.2020.
JUDGMENT/ORDER signed by P.O.
on
05.10.2020.
JUDGMENT/ORDER uploaded on 06.10.2020
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