Ashok Commercial Enterprises v. Mantri Realty Limited

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL CHAMBER SUMMONS NO. 211 OF 2017 IN COMMERCIAL EXECUTION APPLICATION NO. 10 OF 2017 IN SUMMARY SUIT NO. 843 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms. Trupti Talati I/by Amit S. Pradhan for Applicants/Plaintiffs.

Mr.

Omkar Chandurkar for Official Liquidator/Proposed Respondent.

------- CORAM : K. K. TATED, J.

DATE : NOVEMBER 29, 2017 P.C.:

.

Heard learned Counsel for Applicants/Plaintiffs and learned Counsel Mr. Chandurkar for Official Liquidator.

2.

The learned Counsel Ms. Trupti Talati for Applicants/Plaintiffs submits that they have preferred the present Chamber Summons for joining the Official Liquidator, High Court, Bombay as Respondent in Execution Application (L) No. 2338 of 2015 (Commercial Execution Application No. 10 of 2017). She submits that Applicants have obtained the permission from this Court by order 1/3

dated 17th March, 2016 in Company Application (L) No. 147 of 2016 in Company Petition No. 291 of 2014. She submits that in view of this fact, this Hon'ble Court be pleased to allow the Chamber Summons in terms of prayer clause (a).

3.

Considering the submission made by the learned Counsel for Applicants and the order passed by this Court on 17th March, 2016 in Company Application (L) No. 147 of 2016 in Company Petition No. 291 of 2014, I am satisfied that Applicants have made out of the case for allowing the present Chamber Summons. Hence, the following order.

ORDER

(A) Chamber Summons is allowed in terms of prayer clause (a) which read thus :- " (a) That the Applicants be allowed to join, add and implead as Proposed Respondent (that is the Official Liquidator, High Court, Bombay) as Respondent in the above Execution Application (L) No. 2338 of 2015 taken out by the Applicants in the above Summary Suit."

(B) Applicant to carry out amendment within four weeks from today, failing which, Chamber summons shall stand dismissed without reference back to the Court.

(C) If the amendment is carried out within stipulated time as stated herein above, Applicants 2/3

are directed to serve the Respondent and added Respondent/Official Liquidator with amended copy of Execution Application and Chamber Summons thereafter immediately and file affidavit of service to that effect.

(D) Chamber Summons stands disposed of accordingly.

(E) No order as to costs.

(K.K.TATED, J.) 3/3