Interim Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1795/19 in Suit No. 9349/93. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1795 OF 2019
(CNR NO. MHCC010102312019)
IN
S. C. SUIT NO. 9349 OF 1993
(CNR NO. MHCC010105552012)
(HIGH COURT SUIT NO. 3304 OF 1993)
M/s. Arcon Developers and another ...Plaintiffs
Versus
1(a) Mr. Sanjay Jugal Kishore Halwai and others ...Defendants
And
3A. Sushila L. Varma and others ...Applicants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 10th DECEMBER, 2019.
Mr. Amin, Advocate for Plaintiffs.
Mr. Ghadigaonkar, Advocate for Defendant No.1.
Ms. Mhatre, Advocate for Defendant No.2 / MCGM.
Mr. Abhyankar, Advocate for Applicants.
ORDER
This is a chamber summons taken out by applicants to
implead them as a party being legal heirs upon demise of Kishor Varma.
2. Perused reply submitted by plaintiff and defendant.
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Ch/s No. 1795/19 in Suit No. 9349/93. 2 Order.
3. Ld. advocate Abhyankar for applicants submits that Kishor
Varma, father of applicants Sushila Varma died on 26/05/1994. Her
grandfather died on 13/06/2002. In reply, it is not disputed by plaintiff
that they are legal heirs of a partner in partnership deed dated
20/03/1987. It is submitted that applicants being legal heirs of one of
the partners of the partnership firm i.e. Arcon Developers, they are
being necessary party, requested to implead them as a party in the
proceeding.
4. Ld. advocate Amin for plaintiff requested to note Clause (2)
and (14) in a Partnership Deed dated 20/03/1987. It was a partnership
categorized as 'Partnership At Will' and there is a clause that after
demise of any partner, legal heirs are allowed to continue. It is
submitted that there is no substance in chamber summons in absence of
no action has been initiated by the applicants in view of specific clause
in a partnership deed.
5. Ld. advocate Ghadigaonkar for defendant submits that
there is no privity of contract between defendants and the applicants.
He attracted attention of the Court to Clause (16) of the Partnership
Deed.
6. Ld. advocate Abhyankar for applicants relied on the order
of the Hon'ble High Court in Letters Patent Appeal No. 16/2009, order
dated 14/01/2010. On perusal of scope of Order 30, Rule 4 of CPC, the
ratio laid down in impugned order is not applicable to the present case.
7. In view of intent behind Order 30 Rule 4 of the CPC, the
object is to avoid the protraction of the litigation. According to plaintiff,
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Ch/s No. 1795/19 in Suit No. 9349/93. 3 Order.
he being entitled for the benefit in view of the Partnership Deed dated
20/03/1987 interested to enter into the shoes of his predecessor namely
Kishor Varma and his grandfather. In last 17 years, there is no action
initiated by the applicants/legal heirs to act upon the benefits,
continuation of business in view of the Partnership Deed dated
20/03/1987. The obvious result appears from record is participation in
the proceeding with intent to protract the trial.
8. The suit is 26 years old. As enumerated in the reply filed
by the plaintiff, plaintiff is entitled to knock the appropriate forum in
view of reply para 3 clause (e) i.e. he may agitate against partnership
firm and remaining partners for getting benefits of present suit as well
as all benefits being one of the partner. In result, there is no substance
in chamber summons. Hence the order :
ORDER
1. Chamber Summons No. 1795/2019 stands dismissed.
2. Ch/s No. 1795/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/12/2019. Mumbai.
1. Dictated on : 10/12/2019.
2. Transcribed on : 10/12/2019.
3. Signed on : 10/12/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 1795/19 in Suit No. 9349/93. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
11/12/2019. 11.47 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 10/12/2019.
Judgment/Order signed by P.O. on 10/12/2019.
Judgment/Order uploaded on 11/12/2019.
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