Bombay High CourtCHS/278/2017disposed off

Shruti Art Private Limited And 3 ORS. v. P.D. Warehousing Corporation And 8 ORS. And Invent Assets Securitisation And Reconstruction Private

2017-06-08Hon'Ble Shri Justice S.C. Gupte2 pages

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21. S.2872-11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.278 OF 2017 IN SUIT NO.2872 OF 2011 WITH SUIT NO.2872 OF 2011 Shruti Art Private Limited And Others ...

Applicants

Versus

P.D. Warehousing Corporation and Others ...

Defendants WITH SUMMARY SUIT NO.890 OF 2011 P.D. Warehousing Corporation and Others ...

Plaintiffs

Versus

Ajit C. Shah and Others ...

Defendants .....

Ms. Sonal Nanavati i/b D.H. Nanavati for the Plaintiffs in Suit No.2872 of 2011 and for Defendant Nos.1 and 2 in Summary Suit No.890 of 2011. Mr. Astad Randeria a/w Ms. Aditi Prabhu i/b Desai Desai Carrimjee & Mulla for Defendant Nos.1 to 5 in Suit No.2872 of 2011 and for the Plaintiffs in Summary Suit No.890 of 2011.

Mr. Shashank Fadia for the Applicants in Chamber Summons No.278 of 2017.

.....

CORAM : S.C.GUPTE, J.

DATE : 8 JUNE 2017 P.C. :

Heard learned Counsel for the parties.

Chamber Summons No.278 of 2017 seeks impleadment of a third

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21. S.2872-11.doc party, who claims to be assignee of Defendant Nos.6 and 7. Learned Counsel for the Plaintiffs in Suit No.2872 of 2011 and Defendant Nos.1 and 2 in Summary Suit No.890 of 2011 as also, learned Counsel for Defendant Nos.1 to 5 in Suit No.2872 of 2011 and the Plaintiffs in Summary Suit No.890 of 2011, have no objection to the amendments being allowed. The Chamber Summons is, accordingly, allowed in terms of prayer clauses (a), (b) and (c). The amendments to be carried out by the Plaintiffs within two weeks from today.

The third party applicants are permitted to correct the designation of Defendant No.6 in the prayer clauses of the Chamber Summons. The amendments to be carried out forthwith. The newly added Defendant No.6 to file written statement in Suit No.2872 of 2011 within a period of four weeks from today.

The Suits to appear on board for directions on 13 July 2017. (S.C. GUPTE, J.)