Raj Enterprises v. Mumbai Municipal Corporation And ANR And Salim Mohammed Sheikh (Applicant)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 88 OF 2016 IN WRIT PETITION No. 839 OF 2016 Salim Mohammed Shaikh ....Applicant In the matter between M/s. Raj Enterprises ....Petitioner Vs.

Municipal Corporation of Greater Mumbai and Anr.

...Respondents

****** Mr. Pradeep Thorat for Petitioner Mr. Shobha Ajitkumar for respondent -BMC Mr. Prayag Joshi i/b. Mr. Bipin Joshi for Applicant in CHS No. 88 of 2016 ****** CORAM : V. M. KANADE & M.S. KARNIK , JJ.

DATE : APRIL 6, 2016 P.C. :

1.

Not on Board. Upon mentioning, the matter is taken on the Board. 2.

This Chamber Summons is filed by the Applicant seeking a direction, directing the Petitioner to implead the him as Party Respondent in the petition. It is not disputed that the Applicant is not an aggrieved person. Moreover, the Applicant has already filed a separate writ petition.

2/2 (CHSW 88 of 2016) 2.

The learned counsel for the Respondents - Original Petitioner submits that the application for intervention has been put up by his rival Opponent. It is submitted that the applicant is working with him and he is an employee of the Opponent, which is a rival contractor. 3.

The Applicant, therefore, is not a proper and necessary party. Hence, Chamber Summons is dismissed.

4.

After this order is passed, the learned counsel for the Applicant seeks leave to withdraw the Chamber Summons.

5.

Chamber Summons is allowed to be withdrawn and is disposed of. M.S.KARNIK, J.

V.M. KANADE, J.