Bell Finvest (India) Limited v. Subani Mahaboob Shaikh And 2 ORS And K.K. Welding Ltd(Applicant)

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28. CHS 1156-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1156 OF 2015 IN SUIT NO.703 OF 2013 ALONGWITH NOTICE OF MOTION NO.975 OF 2014 AND NOTICE OF MOTION NO.1296 OF 2014 IN SUIT NO.769 OF 2014 AND NOTICE OF MOTION NO.27 OF 2015 IN SUIT NO.973 OF 2014 Bell Finvest (India) Limited ...

Applicant/Plaintiff

Versus

Subani Mahaboob Shaikh and Others ...

Defendants .....

Mr. Kishore V. Tembe for the Plaintiff.

Mr. Pankaj S. Shah for the Applicant in Notice of Motion No.975 of 2014. .....

CORAM : S.C.GUPTE, J.

DATE : 17 SEPTEMBER 2018 P.C. :

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Notice of Motion No.975 of 2014 By this Notice of Motion, the Applicant, who is a third party and who claims to be an agreement purchaser under Defendant No.1 herein seeks impleadment to the suit. The suit is filed by the Plaintiff for foreclosure of a mortgage.

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28. CHS 1156-15.doc The cause of action for the Applicant herein as an agreement purchaser is different from and foreign to the controversy in the present suit. The applicant may seek an independent remedy. The court is informed that there is an independent proceeding pending between the parties concerning the same property, namely, Suit No.769 of 2014. In the interest of justice, though the two suits with their interlocutory applications may be heard together, there is no merit in the request for impleadment. Accordingly, Notice of Motion is dismissed.

Suit No.769 of 2014 shall be heard along with the present suit. In the companion Chamber Summons, namely, Chamber Summons No.1156 of 2015, none appears for the Applicant, who is also similarly placed third party. As a last chance to the Applicant, that Chamber Summons is adjourned to 8 October 2018.

(S.C. GUPTE, J.) Rajesh Vasant Chittewan by Rajesh Vasant Chittewan Date: 2018.10.11 17:45:41 +0530