Paranjpe Schemes (Construction) Limited Through Director, Mr. Shrikant Paranjape And ANR v. Shri Neelesh Satish Kanade And ORS

skc 910-WP-5099-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5099 OF 2015 Paranjpe Schemes (Construction) Limited & Ors.

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Petitioners vs.

Neelesh S. Kanade & Ors.

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Respondents Mr. P. S. Dani - Senior Advocate i/b. Mr. P. B. Kulkarni for Petitioners.

Mr. Sandesh Patil with Mr. Pavan R. Patil for Respondent No. 1. CORAM : M. S. SONAK, J.

DATE : 08 JULY 2015 P.C. :- 1] Rule. With the consent and at the request of the learned counsels for the parties, Rule is made returnable forthwith. 2] The challenge in this petition is to the order dated 21 January 2015, by which over hundred parties have been permitted to be impleaded in the pending suit. The perusal of the impugned order would indicate that the same is bereft of any reasons whatsoever. There is no discussion whatsoever as to in what manner the parties proposed to be impleaded are either necessary or proper parties. The objections raised by the petitioners have also not been taken into consideration. Accordingly, the impugned order is set aside. 1/2

skc 910-WP-5099-15 3] The trial Court to decide the application under Order 1 Rule 10 of the CPC afresh and in accordance with law. 4] It is clarified that this Court has not expressed any opinion on the merits of the matter and therefore all contentions of all parties are left open.

5] Rule is made absolute to the aforesaid extent. There shall be no order as to costs.

(M. S. SONAK, J.) Chandka 2/2