Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1398 OF 2019
(CNR NO. MHCC01-007758-2019)
IN
L.C.SUIT NO. 2370 OF 2011
M/s. Johnson Dye Works Pvt. Ltd. ... Applicant
In the matter between
M/s. New Era Fabrics Ltd. … Plaintiff
V/s.
1.Municipal Commissioner of
of Greater Mumbai and Ors. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 26/07/2024
Adv. Ms. Mansi Shah for the plaintiff.
Adv. Ashna Shah for applicant.
Adv. Sutar for the defendants/BMC.
ORAL ORDER
This chamber summons is taken out by
applicant/intervener [owner] under Order I Rule 10(2) of the
Code of Civil Procedure for impleading him as a necessary
party to the suit in the array of defendant.
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2. Read chamber summons, reply filed by the plaintiff.
Heard both the sides.
3. This is a suit for declaration and injunction in
relation to the notice dated 18.05.2011 under section 351 of
the MMC Act and speaking order dated 07.10.2011. Applicant
is M/s. Johnson Dye Works Pvt Ltd. As per averments, in reply
dated 26.05.2011 submitted before BMC, plaintiff admits in
unnumbered para No.4 that suit premises owned by M/s.
Johnson Dye Work Pvt Ltd. Hence, it is admitted position on
record, that applicant/intervener is owner of suit premises.
4. It is a necessary to mention here that,“a necessary
party is a party whose presence for the suit is absolutely
essential and in whose absence an effective decree cannot be
passed. A person is a proper party if his presence enables the
Court to adjudicate upon the question raised in the suit more
effectually and completely. In view of this settled position,
valuable rights of applicant/intervener are involved in the
subject matter of the suit. As per order passed by Hon’ble High
Court of Judicature, Bombay, in W.P. No. 6933 of 2022 Ashok
Babulal Avasthi Vs. Munna Nijamuddin Khan and Ors. decided
on 29th November, 2023, in order to decide the legality of
impugned notice and speaking order presence of
applicant/intervener/owner is found to be necessary. In
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absence of applicant/intervener effective decree cannot be
passed. Hence, for effect, final adjudication of the subject
matter of the suit as well as to resolve the real controversy
between the parties, presence of applicant/ intervener as a
necessary party to the suit is necessary. In view of Order I Rule
10 (2) of the Code of Civil Procedure, I proceed to pass
following order.
ORDER
1. Chamber summons No. 1398/2019 is allowed in terms of
prayer clause (a) only.
2. Plaintiff to carry out necessary amendment by impleading
applicant/intervener as a necessary party to the suit in
the array of defendant within 14 days from the date of
this order and file amended plaint within statutory
period.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Chamber summons No.1398/2019 is disposed off.
Date-26/07/2024 (R. B. Parvekar)
Ad-hoc Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 2 6 / 0 7 / 2 0 2 4
Ty p e d o n : 2 6 / 0 7 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/07/2024 11.25 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
26/07/2024
JUDGMENT/ORDER signed by
P.O.on
30/07/2024
JUDGMENT/ORDER uploaded on 31/07/2024
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