Final Order 1

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IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101970/2019
Vinod Vasantlal Parekh Vs M/s. Atul Paints and Chemicals Co. through its Partner 1a.Kiritkumar
Vasantlal Parekh And Ors
Date : 05-09-2022
Business : Adv. Ms. Priya Rita for plaintiff present Adv. Ms. Riya
Makwana for D/1, 1-A to 1-D, 2, 2-A to 2-D present Adv.
Rawade h/f. Tondwalkar for D/3-BMC present. Following
order is passed on Chamber Summons No.1970/2019- O R
D E R . The plaintiffs have taken out Chamber Summons
for amendment in the plaint. 2. It is contended that
defendant No.1 through its partners executed development
agreement in favour of defendant No.2 Ashray Realtors.
However, inadvertently name of defendant No.2 is
mentioned as &amp#039Ashray
Builders&amp#039 instead Ashray Realtors.
Therefore, there is typographical error on the part of
plaintiff and, therefore, it is necessary to correct the
typographical error that has occurred in the plaint. 3. The
defendants No.1 and 2 have opposed Chamber Summons
by filing reply. Defendants No.1 and 2 opposed contentions
in Chamber Summons. It is contended that Chamber
Summons is false, baseless and it is filed by the plaintiff as
an after thought and to harass them. The plaintiff has not
approached to the Court with clean hands and not disclosed
clean and clear facts. The Chamber Summons is taken out
with ulterior motive at a belated stage. The amendment is
not a typographical error but an after thought to cover up
the lacuna. The defendants in their W/S. pointed out that
defendant No.2 is no concern with suit property and despite
of that the plaintiffs have not taken corrective measures. On
these grounds, the defendants prayed for dismissal of
Chamber Summons. 4. Heard parties. 5. The plaintiffs have
taken out Chamber Summons under Order-I Rule-10 read
with Order-VI Rule-17 of The Civil Procedure Code (in
short the C.P.C.). As per Order-I Rule-10 of the C.P.C.
person may be added as a party to a suit if said person is
proper and necessary party and without his presence the
question in suit cannot be completely decided. It is the
contention of the plaintiffs that due to typographical error
name of defendant No.2 has been mentioned as Ashray
Builders instead Ashray Realtors. Defendant No.2 in their
W/S. contended that defendants No.1 and 2 have executed
development agreement and Power of Attorney in favour of
Ashray Realtors. The defendants No.1 and 2 opposed
Chamber Summons on the ground of delay occurred on the
part of plaintiff. However, if the proposed amendment is
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just and necessary same cannot be rejected on the ground of
delay. It is the defence of the defendants that Ashray
Realtors have entered into development agreement and
invested huge amounts. Thus, it is clear that Ashray
Realtors is a proper and necessary party. Therefore,
Chamber Summons deserves to be allowed subject to cost.
Hence I pass following order- O R D E R 1. Chamber
Summons is allowed subject to payment of Rs.2,000/- to be
paid to the District Legal Services Authority, Mumbai
within 2 weeks. 2. The plaintiffs to carry out necessary
amendment and supply copy of amended plaint.
Nature of Disposal : ALLOWED
Disposal Date : 05-09-2022
COURT 04 AD-HOC ASST SESSIONS JUDGE
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