Amita Jayesh Mehta And 2 Others v. Jaswanti Flat Properties Pvt. Ltd And 6 ORS And Phoenix Arc Private Limited (Applicant/Intervener)

10.944.17-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO.944/2017 IN CHAMBER SUMMONS NO.961/2015 IN SUIT NO.299/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Anirudha Lad i/b. B. J. Law Office for the applicant Mr. Sharan Jagtiani a/w. Ms. Neeta Jain i/b. Kiran Jain & Co. for the respondent / plaintiff Mr. Harsh Meghani i/b. Kanga & Co. for defendant No.1.

CORAM : K. K. TATED, J.

DATE : AUGUST 7, 2017 P.C.:

1.

Not on board. At the request of the learned counsel for the applicant, taken on board.

2.

This Chamber Summons is filed by the applicant intervenor for carrying out amendment in Chamber Summons No.961/2015 as per the schedule annexed to the Chamber Summons.

3.

The learned counsel for the plaintiff submits that they have no objection if the Chamber Summons is allowed in terms of prayer clauses (a) and (b), however, they are denying the contents of the affidavit in support of the Chamber Summons Basavraj G Patil 1/2

10.944.17-chs which are against them. The statement is recorded.

4.

Considering the submissions made by the learned counsel for the applicant, the affidavit in support of the Chamber Summons and as the advocate for the plaintiff has no objection for allowing the Chamber Summons, I am satisfied that the applicant has made out a case for allowing the Chamber Summons.

5.

Hence, the Chamber Summons is allowed in terms of prayer clauses (a) and (b), which read thus:

"(a) That this Hon'ble Court be pleased to allow the applicant / intervener to amed the Chamber Summons as per schedule annexed hereto in Chamber Summons No.961/2015 in the above matter.

(b) That this Hon'ble Court be pleased to further condone the delay, if any, in taking out the present Chamber Summons."

6.

Amendment to be carried out within two weeks from today.

7.

Chamber Summons stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2