Rakesh Agarwal v. Nakta Investment Pvt. Ltd. And 4 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.274 OF 2021 IN COMMERCIAL SUIT NO.223 OF 2019 Rakesh Agarwal .. Applicant-Plaintiff Vs.

Nakta Investment Pvt. Ltd. and Ors.

.. Defendants And Surangi Agarwala .. Respondent Ms. Jyotsana Kondhalkar for the Applicant-Plaintiff. Mr. Bhavin Gada, i/by Vinod Mistry & Co., for Defendant Nos.1 to 5. Mr. Sayeed Mulani, i/by Mulani & Co., for the Respondent-Proposed Defendant.

CORAM : A. K. MENON, J.

DATED : 16 TH MARCH 2021.

P.C. :

1.

By this IA, the applicant-plaintiff seeks to implead the respondent, who is a purchaser of a commercial unit, which is claimed by the plaintiff. On behalf of the respondent, the learned counsel has no objection to be so being impleaded.

2.

Accordingly, by consent, I pass the following order :- (i) By consent, IA is made absolute in terms of prayer clause (a). Amendment is allowed in the plaint and IA 1/2 52-IA-274-2021-Corrected Order Pursuant to Speaking to Minutes Order dt. 30-03-2021.doc Dixit

filed, if any. Amendment to be carried out within a period of two weeks from today. Re-verification is dispensed with.

(ii) Needless to mention, this court has not examined merits of the contentions of the plaintiff and that is the matter to be considered at the appropriate time.

(iii) On behalf of the newly added defendant no.6, learned counsel, on instructions, waives service of writ of summons.

(iv) Accordingly, written statement to be filed as permitted. (A. K. MENON, J.) 2/2 52-IA-274-2021-Corrected Order Pursuant to Speaking to Minutes Order dt. 30-03-2021.doc Dixit