Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS no. 1023-19 in L.C.SUIT no.2299-14
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
CHAMBER SUMMONS NO. 1023 OF 2019
(CNR no. MHCC010113362019)
IN
LONG CAUSE SUIT NO. 2299 OF 2014
(CNR no. MHCC010079082014)
M/s. A O Foods and Allied Products Pvt Ltd. ]
having its office at Ahmed Oomer Building, ]
Ahmed Oomer Street, Mumbai400008. ]....Plaintiff
V/s
The Municipal Corporation of Greater Mumbai ]
Mahapalika Bhavan, Mahapalika Marg, ]
Mumbai 400001. ]....Defendant
And
1. Mr. Nadeem Majid Oomerbhoy ]
2. Ms. Heena Majid Oomerbhoy ]
3. Mrs. Nargis Majid Oomerbhoy ]....Applicants
Appearances:
Ld. Advocate Mr. Kalpesh Joshi with Ld. Advocate Ms. Nisha Shah for
the Plaintiff.
Ld. Advocate Mr. Nagle with Ld. Advocate Mr. Khandagale for
defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 8)
DATED : 4th December, 2019
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2 CS no. 1023-19 in L.C.SUIT no.2299-14
O R A L O R D E R
1. By way of this Chamber Summons the applicants have prayed to
join them as party in the suit. It is claimed that their Predecessor Mr.
Majid Ahmed Oomerbhoy was shareholders of 400 equity shares in the
plaintiff Company out of 1000 equity shares and after his death present
applicants have interest in the Company. It is alleged that the Directors
of the plaintiff Company have acted surreptitiously without knowledge
or consent of the deceased and if any adverse order will be passed
against plaintiff Company, the same will have direct effect on the rights
of the applicants. It is also contended that the applicant no.1 requested
plaintiff Company to furnish copies of records and proceedings but no
such request was complied. Therefore, the applicants have prayed to
add them as parties in the suit.
2. The plaintiff Company has resisted the Chamber Summons on the
ground of locus of the applicant to file instant application. Ld. Advocate
for the plaintiff has argued that the applicants, who are not even the
Shareholders, Directors of the plaintiff Company, have to first establish
their rights and thereafter, the plaintiff Company can consider their
request. It is further argued by him that the matter has reached to oral
evidence of defendants and there is delay of around 9 years in making
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3 CS no. 1023-19 in L.C.SUIT no.2299-14
instant application.
3. The instant Chamber Summons is filed under Order I Rule 10 of
the Code of Civil Procedure, 1908 which empowers the Civil Court to
join any person as plaintiff and defendant whose name ought to have
been joined or whose presence before the Court may be necessary in
order to enable the Court effectively and completely adjudicate upon
and settle all the questions involved in the suit. In this matter, the
applicants are apparently not the shareholders of the plaintiff Company.
Their father / Predecessor was shareholder of the Company but there is
no document showing that after his death the shares are transferred in
the name of the applicants. Be that as it may, the applicants have not
shown how the plaintiff Company has acted against their interest by
filing the suit. Merely, because the applicants have apprehension that
the outcome of the suit may be against their interest, that is insufficient
to add them as parties. As rightly submitted by the Ld. Advocate for the
plaintiff, the suit has reached the stage of oral evidence of defendants
after completing oral evidence of the plaintiff and the present applicants
have come before the Court after 9 years from filing of the suit.
Therefore, the applicants are not necessary parties to the suit. Hence,
following order :
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4 CS no. 1023-19 in L.C.SUIT no.2299-14
ORDER
1. Chamber Summons No.1023 of 2019 is rejected.
(C. V. Marathe)
Judge,
Date : 04.12.2019 City Civil Court, Gr. Mumbai.
Dictated on : 04.12.2019
Transcribed on : 04.12.2019
Signed by HHJ on : 09.12.2019
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5 CS no. 1023-19 in L.C.SUIT no.2299-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 10.12.2019 at 2.54 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
04/12/2019
JUDGMENT/ORDER signed by
P.O. on
09/12/2019
JUDGMENT/ORDER uploaded
on
10/12/2019
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