Neev Infrastructure Pvt.Ltd. v. Nemchand Tokarsi Shah And 2 ORS And Nitesh Jain (Applicant/ Third Party)

chscd272-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.272 OF 2017 IN COMMERCIAL SUIT NO.329 OF 2015 Neev Infrastructure Private Limited ...Plaintiff vs Nemchand Tokarsi Shah & Ors.

...Defendants .....

Mr. Chinmaya Acharya, i/b. Ms. Jaswandi Khatu, for the Applicant in 468 of 2017.

Ms. Prerna Lalchandani, i/b. Ms. Reena Salunkhe, for the Plaintiff. Ms. Kshama R. Bhandari, i/b. Mr. V.C. Ghosalkar, for Defendant Nos. 1 and 2.

.....

CORAM : S.C. GUPTE, J.

DATED : OCTOBER 19, 2018 P.C. :

.

This chamber summons is taken out by a third party Applicant for adding himself as Plaintiff No.2 to the present suit. The Applicant is admittedly the transferee of the right, title and interest of the existing Plaintiff under the development agreement, of which specific performance is sought in the present suit. In the premises, since the interest of the original Plaintiff in the suit agreement has been transferred to the Applicant, the latter will have to be added as a party to the suit. Accordingly, the chamber summons is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks. Amended copy of the plaint may be served on the Defendants. The chamber summons is disposed of. ( S.C. GUPTE, J. ) Pg 1 of 1