Prabodh Thakorbhai Patel And 4 ORS v. Ganpat Niketan Co-Op Hsg Society Ltd And ANR

Dusane 1/2 49 chs 62.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.62 OF 2017 IN SUIT NO.900 OF 2013 Suniet Mehrra ....

Applicant Plaintiff no.2 In the matter between 1(a) Prabodh T. Patel & Ors.

....

Plaintiffs Vs.

1 Ganpat Niketan Co-op. Housing ....

Defendants Society Limited & Ors.

Mr. Firoz Bharucha i/by Legal Liaisons for the Plaintiffs/applicants. Mr. K.T. Kukreja a/w N.A. Gharkar i/by Meena Ruparel for defendant no.1.

Mr. Jabbar Shaikh i/by Arvind Manghirmalani for defendant no.2. Coram : R.D. DHANUKA, J.

Date : 7th November, 2017 P.C. :

By this Chamber Summons, the applicant seeks to carry out necessary and consequential amendments as per schedule in the plaint. Learned counsel appearing for the defendants have no

Dusane 2/2 49 chs 62.2017 objection if the Chamber Summons is allowed as prayed. His statement is accepted. The Chamber Summons is made absolute in terms of prayer clause (a). It is made clear that merely because the amendment is permitted, the defendants have not accepted the contents thereof. Amendments to be carried out within two weeks from today. Amended copy of the plaint be served upon the defendants within one week from the date of carrying out the amendments. Place the suit on board under caption of "directions" on 21st November, 2017. It is for the parties to decide whether any evidence is required to be led by both the parties on the issue framed under Section 9A of Code of Civil Procedure, 1908. This court has already framed an issue under Section 9A of the Code of Civil Procedure, 1908. The parties jointly state that issue of jurisdiction as raised by the defendants can be argued by the parties on demurer and no oral evidence would be led by their clients on this issue. The statement is accepted. ( R.D. DHANUKA, J.)