Rashabraj Estate Developers Pvt. Ltd. And ANR. v. Dan Kutir Co-Operative Housing Society Limited And 3 ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 609 OF 2017 Dan Kutir Co-operative Housing Society Ltd.
...
Plaintiffs vs.
Niraj Kakad Constructions Pvt. Ltd.
... Respondents WITH INTERIM APPLICATION NO. 163 OF 2021 Rishabraj Estate Developers ...
Applicant Private Limited & Anr.
In the matter between Dan Kutir Co-operative Housing Society Ltd.
...
Plaintiffs vs.
Niraj Kakad Constructions Pvt. Ltd.
... Respondents Mr. Manoj Kumar Mishra for the Plaintiff.
Mr. Ashish Jain i/b. Mr. Prerak P. Choudhary for Defendant nos. 1 and 2.
Mr. Sagar Patil for Defendant no. 3.
Ms. Parisha Shah i/b. Mr.Dhaval Mehta i/b. D. M. Legal Associates for the Applicant in IA/163/2021 and Proposed Defendant nos. 4 and 5. CORAM : A. K. MENON, J.
th JANUARY, 2021.
DATED : 28 P.C. :
1.
Learned Advocate for the plaintiff submits that on account of further factual developments he is required to amend the plaint. He 1/2 902-S-609-2017-IA-163-2021.doc rrpillai
tenders draft amendment along with additional exhibits he proposes to annex. On behalf of defendant nos. 1 to 3 learned Advocate who appears today on notice has no objection to the amendment being allowed. Learned Advocate for the proposed defendant nos. 4 and 5 is also present and has no objection to the amendment being allowed and being impleaded as parties to the Suit. In view thereof I pass the following order :
(i) Leave to amend allowed in terms of draft handed in and marked "X" for identification. Amendment to be carried out within one week from today.
(ii) If amendment is carried out list on 8 th February, 2021 for filing consent terms.
(iii) The intervenors have now been allowed to be impleaded by way of amendment as defendant nos. 4 and 5. In view thereof Interim Application no. 163 of 2021 does not survive. Interim Application no. 163 of 2021 is disposed as infructuous.
(A. K. MENON, J.) Digitally signed by Rajeshwari R. Pillai Date:
2021.01.29 11:47:58 +0530 Rajeshwari R. Pillai 2/2 902-S-609-2017-IA-163-2021.doc rrpillai