Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.1816/2019
in S.C. Suit No.8491/1993
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Chamber Summons No.1816 of 2019
(CNR NO. MH CC010103102019)
In
S.C. SUIT No.8491 OF 1993
Sudheer Bhal & Ors. ….Applicants
Om Sadan Cooperative Housing Society
Ltd. And Ors. …...Plaintiffs
V/s.
Om Sadan Pvt. Ltd. & Ors. …...Defendants
And
Vijakumar Chunilal Chandan and Anr. …..Respondents
Appearance:
Ms. Mandakini K. Sinh, Advocate for the applicants.
Mr. Shlok Parekh, Advocate for the plaintiff No.1
Ms. Nikita Rokde, Advocate for the defendant Nos.3 and 31
Ms. Ketaki Pansare, Advocate for the defendant No. 44
Mr. K. P. Shaha for Committee of Court Receiver.
CORAM : HER HONOUR JUDGE
JAYSHRI R. PULATE
(C.R.NO.12)
DATE : 18 th January, 2020.
ORDER
1. This chamber summons is taken out by applicants for
deleting names and address of the applicant No.1 who is defendant Nos.
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2 Chamber Summons No.1816/2019
in S.C. Suit No.8491/1993
13A and for inserting the name and address of the respondents as
plaintiff No.72A and 72B as set out in the schedule, for accepting the
requisite undertaking of respondents as directed under the order dated
04.09.1997 passed by the Hon'ble High Court in Notice of Motion
No.193/1993 in Suit No. 9/1993 and for directing plaintiff No.1 to delete
the names of applicants from share certificate No.47 and 48 and transfer
the same in the name of respondents. There is no objection from
plaintiffs and other defendants.
2. It is noticed that as per the order dated 03.08.2018 passed
by Hon'ble High Court in Appeal from order No.265/2018 with Civil
Application No.380/2018, whereby the order dated 15.01.2018 passed in
chamber summons No.1500/2017 in the present suit is set aside
wherein similar reliefs as in the present chamber summons were claimed
in respect of Flat No.134 in the suit premises. The said chamber
summons is allowed by Hon'ble High Court. Present chamber summons
is based on the same set of facts. In affidavit in support, it is averred
that no objection certificate dated 20.06.2019 and 04.07.2019, Plaintiff
No.1 Society and the Committee of the Court Receiver have granted their
no objection to the said proposed transfer of the applicants premises to
the respondents. Therefore, I pass following order.
ORDER
1. Chamber Summons No.1816/2019 is allowed in terms of
prayer clause (a) and (c) with direction that plaintiff No.1 shall
join the respondents as defendant No.72A and 72B by deleting
the existing defendant No.13A from the title clause of the plaint
by carrying out necessary amendment within 14 days from the
date of order.
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3 Chamber Summons No.1816/2019
in S.C. Suit No.8491/1993
2. After compliance, replaced defendants are permitted to file
undertaking in terms of prayer clauseB of the chamber summons.
3. Chamber Summons No.1816/2019 stands disposed off
accordingly.
(Jayshri R. Pulate)
Judge
City Civil Court,
Gr. Bombay
Date : 18/01/2020
Dictated on : 18.01.2020
Transcribed on : 19.01.2020
Signed on : 21.01.2020
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4 Chamber Summons No.1816/2019
in S.C. Suit No.8491/1993
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
22.01.2020 11.30 a.m. Ms. Ujwala J. Bhagat.
Name of the Judge H.H.J. Jayshri R. Pulate.
(Court Room No.12)
Date of pronouncement of Order 18.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 22.01.2020
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5 Chamber Summons No.1816/2019
in S.C. Suit No.8491/1993
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