Shabbir Hussainichunawala v. Borivali Pushpa Chsl And Krutishil Developers (Respondent/Prop. Def.No.2)

chscdl 73 of 2017 (912).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS (L) NO.73 OF 2017 IN SUIT (L) NO.40 OF 2017 Shabbir Hussaini Chunawala ...

Plaintiff/Applicant versus Borivali Pushpa Co-op. Hsg. Soc. Ltd. ...

Defendant and Krutishil Developers ...

Respondent WITH NOTICE OF MOTION (L) NO.141 OF 2017 Mr. S.B.Prabhavalkar, for Plaintiff.

Ms. Helekar i/by Mr. Abhyankar, for Defendant. Mr. P.G.Lad, Respondent in Chamber Summons.

CORAM: S.J. KATHAWALLA, J.

DATE: 13 th APRIL, 2017 P.C.:

1.

Perused the Chamber Summons and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clause (a), which is reproduced hereunder :

"(a) that this Hon'ble Court be pleased to allow the Plaintiffs to amend the Plaint as per the Schedule annexed to the present Chamber Summons and implead the Respondent herein as ssp 1/2

chscdl 73 of 2017 (912).sxw Defendant No.2 and to carry out the amendment as per the Schedule annexed to the Chamber Summons;"

2.

Amendments to be carried out on or before 17 th April, 2017. The Chamber Summons is accordingly disposed of.

3.

The Defendants to file their Affidavit in Reply to the Notice of Motion within a period of one week from today. Place Notice of Motion (L) No.141 of 2017 for ad-interim reliefs on 20th April, 2017.

( S.J.KATHAWALLA, J. ) ssp 2/2