Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/s 1256/19 in L.C. Suit 5749/2007
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1256 OF 2019
IN
L.C. SUIT NO. 5749 OF 2007
(H.C. SUIT NO. 2646 OF 2007)
CNR NO. : MHCC010083512007
Junior Artists Association
Through its authorized signatory
member Shri. Hari Sharma ...Plaintiff
Versus
Mr. Arun Gulab Gawli & Ors. ...Defendants
And
Glider Buildcon Realtors Pvt. Ltd. … Respondent/
Prop. Defendant No. 6
Appearance:
Mr. Kantilal H. Kanojia, advocate for the Plaintiff.
Ms. Nihitha Shankaran, Advocate for defendant nos. 1 to 3.
Mr. Kinjal Upadhyay, Advocate for proposed defendant no. 6.
CORAM :SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 03/01/2020
ORAL ORDER
1 The chamber summon is filed by the plaintiff to implead
proposed defendant no. 6 Glider Buildcon Realtors Pvt. Ltd. and
also prayed for consequential amendment in the plaint as per
Schedule annexed to the chamber summons. The chamber
summons is supported by affidavit of Hari Hotilal Sharma. It is the
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2 Ch/s 1256/19 in L.C. Suit 5749/2007
contention of the plaintiff that the defendant no. 5 has assigned
the contract of construction of the suit property to proposed
defendant no. 6. Hence, prayed to allow the chamber summons.
2. Advocate Upadhyay for proposed defendant no. 6 submitted
today before the Court that they are not opposing reliefs sought by
the plaintiff in this chamber summons, but without prejudice to
their rights. The suit is filed by plaintiff for injunction in respect of
the suit premises wherein the defendants are developing the
property. Considering nature of the suit, the proposed defendant is
necessary party to the suit, as the defendant no. 5 has assigned
their right of construction in the suit property to defendant no. 6.
Hence, pass the following order:
ORDER
1. Chamber Summons is made absolute as per
prayer clause 'a' & 'b'.
2. The plaintiff is directed to carry out necessary
amendment within limitation.
3. Accordingly, chamber summons is disposed of.
(Smt. S.S. Nagur)
Adhoc Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 03/01/2020.
Transcribed on : 03/01/2020.
Sign on : 03/01/2020.
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3 Ch/s 1256/19 in L.C. Suit 5749/2007
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/01/2020 10.53 a.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
03/01/2020
Judgment/order signed by P.O on 03/01/2020
Judgment/order uploaded on 04/01/2020
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