Provincial Housings And Property Ltd, v. Union Of India And 3 ORS. And Mora Saibaba Sra Co-Op. Hsg.Soc. Ltd. (Applicant)

CHSW. 64-14 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 64 OF 2014 IN WRIT PETITION No. 772 OF 2014 Mora Saibaba SRA Co-Op. Housing Society Ltd. ... Applicant In the matter between :

Provincial Housings and Property Ltd.

...

Petitioner Vs.

Union of India & Ors.

...

Respondents *** Mr. Y. S. Jahagirdar, Sr. Counsel a/w Ms. Usha Gadagkar i/b Diamondwala & Co., for the Petitioner.

Mr. D. P. Singh a/w G. R. Sharma, for Respondent No. 1. Mr. J. G. Reddy, for Respondent No. 3.

*** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : FEBRUARY 13, 2015 PC.

1.

This chamber summons is taken out for adding the Applicant as party-respondent to the petition. It is submitted that the Applicant is a Society who has appointed the Petitioner as a developer. On the other hand, learned senior counsel for the Petitioner submits that the said Society is not and a proper and necessary party to the petition, since the reliefs claimed by the Petitioner are against the 1 / 2

CHSW. 64-14 Respondents. We are of the view that since the Petitioner has been appointed at the instance of the Applicant-Society, it has a right to intervene. The Petitioner is directed to implead the Applicant-Society as party respondent. Amendment to be carried out within two weeks. Hence, the chamber summons is allowed and disposed of in terms of prayer clauses (a) and (b).

2.

The Petitioner is permitted to file additional affidavit. Respondent No. 2 to file reply within four weeks to the petition. Petitioner be placed on board on 13th March, 2015. [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2