Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1031/18 in Suit No. 9628/90. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1031 OF 2018
(CNR NO. MHCC010074002018)
IN
SUIT NO. 9628 OF 1990
(CNR NO. MHCC010073102012)
(HIGH COURT SUIT NO. 471 OF 1990)
Mr. Mohd. Tequi Nazir Hussain ...Plaintiff
Versus
Mr. Islam Husein Babu Zahurhusein Azmi & Ors. ...Defendants
And
M/s. Ashok Coop. Industrial Estate Ltd. ...Applicant
(Proposed Defendant)
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 27th JUNE, 2019.
Mr. Ravindra Singh, Advocate for Plaintiff.
Mr. Gole, Advocate for Defendant No.2(d).
Mr. Gangarkar, Advocate for Applicant.
ORAL ORDER
This is a chamber summons submitted by applicant M/s.
Ashok Coop. Industrial Estate Ltd. to join them as necessary party.
Heard ld. Advocate Gangarkar for applicant. It is submitted that Unit
No.10 is the property in enjoyment of defendant. The Court Receiver is
already appointed. There are arrears of maintenance around 20 Lakhs
as mentioned in para 6. It is requested to join society as a necessary
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Ch/s No. 1031/18 in Suit No. 9628/90. 2 Order.
party as per observations in the order of the Hon'ble Justice
S.J.Kathawalla dated 15/06/2009.
2. Ld. Advocate Gole for defendant no.2(d) submits that suit
property was in possession of a partnership firm for running the
business of bakery. As per the knowledge of defendant no.2(d), the
maintenance of the society are not paid.
3. Ld. Advocate Ravindra Singh for plaintiff submits that there
is no explanation given to condone the delay. It is added that society
may file fresh litigation for recovery of arrears if any. This is a suit for
dissolution of partnership firm and settlement of account. It is claimed
to reject the chamber summons.
REASONS
4. While deciding the issue about necessity of party, it is to
note that plaintiff being dominus litus, he is the master of the suit.
According to applicant and defendant no.2(d), there are huge arrears of
maintenance of the applicant society is due on suit property.
5. There is no submission on behalf of plaintiff in respect of
payment of arrears of maintenance to the applicant society. On the
contrary, chamber summons is submitted with affidavit in respect of
arrears of Rs.19,42,813/ (Rupees Nineteen Lakhs Fortytwo Thousand
Eight Hundred Thirteen Only) are due over Gala No.10 i.e. suit
property.
6. At this juncture, it is necessary to peruse order of the
Hon'ble Justice Kathawalla dated 15/06/2009 and Court Receiver's
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Ch/s No. 1031/18 in Suit No. 9628/90. 3 Order.
Report No. 162/2009 in present suit, wherein the Secretary of the
applicant society is directed to remain present in respect of arrears of
maintenance.
7. Admittedly, applicant party do not vest any interest in
business over suit property, profit or loss to be run in suit property Unit
No.10 etc. The property is in possession of someone while running the
business of bakery. He is incumbent to pay the maintenance to
applicant society who enjoys the property. Therefore there is necessity
of applicant while deciding the dissolution of firm and settlement of
account between plaintiff and defendants. Hence the order :
ORDER
1. Chamber Summons No. 1031/2018 is allowed.
2. Applicant society namely M/s. Ashok Coop. Industrial
Estate Ltd. be allowed to join as defendant.
3. Plaintiff to carry on the amendment accordingly on or
before next date.
4. Applicant society is allowed to submit written statement
and participate in the proceeding.
5. Ch/s No. 1031/18 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 27/06/2019. Mumbai.
1. Dictated on : 27/06/2019.
2. Transcribed on : 28/06/2019.
3. Signed on : 29/06/2019.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 1031/18 in Suit No. 9628/90. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/06/2019. 5.49 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 27/06/2019.
Judgment/Order signed by P.O. on 29/06/2019.
Judgment/Order uploaded on 29/06/2019.
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