Final Order 1

Order Details: Other
Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101014/2019
Ms Hilton Developers Vs Ratnamala G. Tapse And Ors - Applicant - Vijay Co operative Society
Date : 13-09-2023
Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. N.
A. Ghatte present for plaintiff. Adv. Prashant Karande prseent
for applicant in Chamber Summons no.1393/2016 and
Chamber Summons no.1014/2019. Adv. Nita Gaikwad present
for defendant nos.08 to 20. Heard advocates for applicant,
plaintiff and defendants on Chamber Summons no.1014/2019
taken for amendment in Chamber Summons no.1393/2016 by
incorporating names of applicants nos.01 and 02 in the earlier
Chamber Summons. If the proposed amendment is allowed, no
prejudice will caused to plaintiff and defendants as the burden
will be on applicants who are being substituted at the place of
earlier chief promoter in Chamber Summons no.1393/2016 to
demonstrate how they are entitled to be impleaded in the suit.
Hence, objections raised by plaintiff and defendants are not
sustainable. Without prejudice to the right of plaintiff and
defendant to contest Chamber Summons no.1393/2016 to
oppose impleading the present applicant in the suit as
defendant, Chamber Summons no.1014/2019 deserves to be
allowed. Accordingly, I pass following order. Order: 1)
Chamber Summons no.1014/2019 is allowed in terms of
prayer clause (a). 2) Applicants therein are permitted to amend
title clause of Chamber Summons no.1393/2016 to incorporate
there names as applicants therein within limitation. 3) After
amendment, copy of amended Chamber Summons
no.1393/2016 be supplied to advocates for plaintiff and
defendants and they are liberty to file affidavit in changes
circumstances. 4) Chamber Summons no.1014/2019 is
disposed off accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 13-09-2023
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