Benchmark Projects Pvt. Ltd. v. Neela Akash Flat Owners Chs Ltd. And Pamela Isabelle Gonsalves And Another (Intervener)

1/2 14.CHS-1055-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1055 OF 2014 IN SUIT NO.513 OF 2013 Pamela Isabelle Gonsalves & Anr.

....Applicants

IN THE MATTER BETWEEN :

Benchmark Projects Pvt. Ltd.

....Plaintiff V/s.

Neela Akash Flat Owners CHS Ltd.

....Defendant WITH NOTICE OF MOTION NO.1011 OF 2013 IN SUIT NO.513 OF 2013 Benchmark Projects Pvt. Ltd.

....Applicant/Plaintiff V/s.

Neela Akash Flat Owners CHS Ltd.

....Defendant ---- Mr. Aditya Shiralkar a/w. Ms. Deepali Khare i/b. M/s. Shiralkar and Co. for the plaintiff.

Mr. Anil K. Patil for the applicants/interveners. Mr. Akshay Petkar for the defendant.

---- CORAM : K.R.SHRIRAM,J DATE : 26th October, 2016 P.C.:- CHAMBER SUMMONS NO.1055 OF 2014 Mr. Shiralkar, counsel appearing for the plaintiff states that the plaintiff has no objection to join the applicants as party defendants to the suit. Mr. Petkar, counsel appearing for the defendant also has no objection.

Gauri Gaekwad

2/2 14.CHS-1055-2014 Therefore, the chamber summons is allowed and accordingly disposed of in terms of prayer clause - (a). The plaint to be amended and and copy of the amended cause title to be served upon the applicants and the defendant within three weeks from today.

Within two weeks of receiving a copy of the amendment, the applicants and the defendant shall file their written statement and serve a copy thereof.

Within three weeks thereafter, parties to file their respective affidavit of documents, complete discovery and inspection and also file and exchange their statement of admission and denial with reasons for denial.

The suit to be listed on 9th January, 2017 for issues. The notice of motion no.1011 of 2013 to be listed for hearing on 24th November, 2016.

(K.R.SHRIRAM,J) Gauri Gaekwad