Final Order 1

Order Details: Chamber summons
Pdf Text: Ch.s.1064/2019 Suit 004/1990 1
CNR No. MHCC010057542019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1064 of 2019
IN
S.C.SUIT NO.004 of 1990
(H.C.SUIT NO.2649 OF 1990)
Terraform Magnum Limited ...Plaintiff
V/s.
Manjula Suresh Komb & Ors ...Defendants.
And
M/s. Sethia Infrastructure Pvt.Ltd. ...Proposed Plaintiff No.2
Appearances:
Ld. Adv .Mr.Amish Gandhi I/b Adv.Tushar Goradia for the Plaintiff.
Ld. Adv Mr.Nishid Joshi for Defendants.
CORAM : HER HONOUR JUDGE
SMT. SHAYANA PATIL
COURT ROOM NO.14
DATED : 17th JUNE 2019
ORDER
1. This chamber summons is taken out on behalf of the plaintiff for
adding proposed plaintiff No.2 in title of the suit along with
amendments to the pleadings in the plaint.
2. The defendants have not objected the chamber summons and
have made such endorsement on the chamber summons itself.
3. The affidavit in support of the chamber summons reveals that the
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Ch.s.1064/2019 Suit 004/1990 2
plaintiff has assigned the lease hold rights in respect of the suit property
and also their right, title and interest in the suit agreement dated
13/02/1984 in favour of the proposed plaintiff by a Deed of
Assignment of lease hold rights and right under agreement for sale
executed and registered on 06/04/2019. As such, it is submitted that
the proposed plaintiff No.2 has acquired the initial plaintiffs entire
rights in respect of suit property whereby the proposed plaintiff
becomes the necessary party to the suit, as well as the prayer for
impleading proposed plaintiff as plaintiff No.2 in the suit with the
amendment to the pleading to be inserted as per the schedule of
amendments regarding pleading as to such subsequent deed of
assignment executed by original plaintiff that is plaintiff No.1 by way of
para No.27A in the plaint. The plaintiff has also sought to annex the
said deed of assignment to the documents with Exh.N after page 89 as
Exh.N1.
4. The defendants No.2A to 2B, 9A to 9B,
10,12,13,14A,15A,16,17B,17C and 18 to 20 have not objected chamber
summons. The defendant Nos.4,5 & 6 have also made such
endorsement for no objection.
5. The plaintiff has contended about transaction by way of
deed of assignment of right by him in favour of 3rd party during
pendency of the suit. It is submitted on behalf of the plaintiff as well as
defendants that the matter is already referred for mediation and it is
being finally settled whereby the consent terms are being prepared. It is
also submitted that in view of the subsequent developments as to
assignment of rights as to the suit property in favour of proposed
plaintiff, it is necessary that such proposed plaintiff should be added as
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Ch.s.1064/2019 Suit 004/1990 3
as party in the suit. Moresoever, the other part of prayer in chamber
summons reveals a prayer for production of document of deed of
assignment on record of the suit which also needs to be allowed in the
interest of justice as the document would be the prima facie proof of
nexus of proposed plaintff and the suit property. Affidavit in support of
the chamber summons is accompanied by such Art N1 I.e.a copy of the
registered deed of assignment of lease hold rights under agreement for
sale executed between party.
6. Under such circumstances, the prayer in the chamber summons
needs to be allowed so that the parties should settle their dispute legally
and that the decree would be binding even on the proposed plaintiff
No.2. Hence, the order as follows:
ORDER
1. Chamber Summons No.1064/2019 is allowed.
2. Plaintiff is allowed to implead proposed plaintiff No.2 in title of
the suit and also to carry out the amendment by addition of para
No.27A in the plaint within 15 day from the date of this order.
3. Plaintiff is also allowed to produce the documents Exh.N1 on
record of the suit.
( SHAYANA PATIL )
Judge,
Dated : 17/06/2019 City Civil Court, Gr. Mumbai
Dictated on : 17/06/2019
Transcribed on : 17/06/2019
Signed on : 19/06/2019
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Ch.s.1064/2019 Suit 004/1990 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
21/06/2019 3.00P.M. Mrs.J.V.Pawar
Name of the Judge (With Court
Room No.)
HHJ Smt.Shayana Patil (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
17/06/2019
JUDGEMENT /ORDER signed by
P.O. on
19/06/2019
JUDGEMENT /ORDER uploaded
on
21/06/2019
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