Mugdha Developers (H.U.F.) Through Its Karta Dhirubhai Jivraj Nathwani v. Vimal Nagar Coop Hsg Ltd And ANR And Parshva Enterprises (Prop. Defendant)

910-CHSCDL-617-19==.doc Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (LODGING) NO.617 OF 2019 IN COMMERCIAL SUIT NO.336 OF 2015 Mugdha Developers, Mumbai .... Applicant In the matter between Mugdha Developers, Mumbai .... Plaintiff V/s.

Vimal Nagar Co-operative Housing Society Ltd., Mumbai and Ors.

.... Defendants Mr. Piyush M. Shah for the Applicant-Original Plaintiff. Mr. Pankaj Pandey for Defendant No.1.

Ms. Smita Nagda, with Ms. Kirti Nagda, for Defendant No.3. CORAM : A.K. MENON, J.

DATED : 3 RD MAY, 2019.

P.C. :

1.

Heard learned counsel for the parties.

2.

Learned counsel for the parties state that the dispute in the suit has been settled; however, the original plaintiff-Karta, at the time of filing of the suit, has expired on 11 th February 2017. A chamber summons has since been 1/2

910-CHSCDL-617-19==.doc taken out, being Chamber Summons (Lodging) No.617 of 2019, to bring on record the name of the present Karta. The proposed respondents No.3, being the respondent in the chamber summons, has no objection to the chamber summons being allowed.

3.

In the circumstances, chamber summons is allowed in terms of prayer clauses (a) and (b).

4. Amendment would be carried out during the course of the day. Reverification is dispensed with. (A.K. MENON, J.) 2/2