Final Order 1

Order Details: Chamber summons
Pdf Text: CS 1472-19 in S.C. Suit no.1657-15 1 Date : 08.09.2021
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1472 OF 2019
IN
S.C. SUIT NO.1657 OF 2015
(CNR NO.MHCC010082632019 )
1. Mr. V Jambunathan ]
and
2. Mrs. Varalaxmi Jambunathan ]
Age56 years, Occ:Service ]
Indian Inhabitant ]
Residing at 1902, Guru Mahima, ]
Plot No.12, Sector14 ]
Sanpada, New Mumbai400 705 ]..Plaintiffs
Versus
1. Pant Nagar Devashish CHS Ltd ]
Through its Managing Committee at ]
Bldg No.52, Room No.1540, ]
Niranjan CHS Ltd, Near Post Office, ]
Pant Nagar, Ghatkopar (E),Mumbai ]
2. Kavya Construction Company ]
Having its office at Ground floor, ]
Rosewood chamber Tulsiwadi, ]
Tardeo Road, Mumbai400 034 ]...Defendants
And
Man Realtors and Holding Pvt. Ltd. ]
A company incorporated under ]
Provisions of the Companies Act, 1956 ]
Having its registered office at 12th ]
floor, Krushal Commercial Complex, ]
G.M.Road, Chembur, Mumbai400 089 ]..Proposed
Defendant
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CS 1472-19 in S.C. Suit no.1657-15 2 Date : 08.09.2021
Appearances :
Ld.Adv.Sadika Naik for the plaintiff.
None for the defendants.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 3
Date : 08.09.2021
ORDER
1. The plaintiff filed instant chamber summons seeking
permission to add proposed defendant No.3 as defendant in the
suit. It is contended by the plaintiff that the defendant No.2 by
filing his written statement on 15.07.2017 disclosed that he has
transferred Development Rights to the proposed defendant by way
of Assignment Deed dated 15.12.2014.
2. It is further contended by the plaintiff that he has filed the
suit for specific performance of contract, in which the proposed
defendant No.3 has taken over the work of redevelopment without
considering the rights of the plaintiff. Therefore, it is necessary to
add them as a party defendant. Hence, the plaintiff has prayed for
allowing chamber summons.
3. The chamber summons is opposed by the defendant No.1 by
filing say.
4. I have heard the learned Advocate Miss.Sadika Naik for the
plaintiff. Perused chamber summons, reply as well as pleadings of
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CS 1472-19 in S.C. Suit no.1657-15 3 Date : 08.09.2021
the plaint. The plaintiff filed instant suit seeking direction against
the defendants to perform their part of contract dated 28.01.2010.
It is not in dispute that the proposed defendant is the developer of
the suit property. Therefore, I am of the view that the proposed
defendant is the proper and necessary party without which the
dispute between the parties cannot be decided. Thus, I proceed to
pass the following order :
ORDER
1. Chamber Summons No.1472 of 2019 is hereby allowed in
terms of prayer clause (a) and (b).
2. The plaintiff is allowed to carry out necessary amendment as
per schedule within period of 14 days from the date of order.
3. After compliance, issue notice to the defendant No. 3
4. Chamber Summons No.1472 of 2019 stands disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 08.09.2021 Greater Bombay.
Dictated on : 08.09.2021
Typed on : 08.09.2021
Signed on : 09.09.2021
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CS 1472-19 in S.C. Suit no.1657-15 4 Date : 08.09.2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
16.09.2021 at 4.40 pm. (Mrs. K.S.Bhosale)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of
JUDGMENT/ ORDER
08.09.2021
JUDGMENT/ORDER signed by P.O.
on
09.09.2021
JUDGMENT/ORDER uploaded on 16.09.2021
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