Anil Gupta And 2 ORS v. M/S.Sabari Developers Llp And ORS.

sat CHS 340-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 340 OF 2017 IN SUIT NO. 807 OF 2014 Mr.Surinder Sharma & Ors.

...Applicants/Orig.Defts1(a) to 1(d) In the matter between Anil Gupta & Ors.

...Plaintiffs Vs.

Sabari Developers LLP & Ors.

...Defendants Ms.Deepa Pohuja I/b. J. Law Associates for Applicants/Orig.Defts1(a) to 1(d).

Mr.Bomi Patel with Poorva Garg with Parikshit Barpujari I/b Mulla & Mulla & CBC for Plaintiffs.

CORAM : S.C. GUPTE, J.

DATE : 24 SEPTEMBER 2018 P.C. :

This chamber summons seeks deletion of Defendant Nos.1(a) to 1(d). Defendant Nos.1(a) to 1(d) are arraigned as party Defendants as partners of Defendant No.1 firm.

It is the case of the Applicants/Orig.Defendant Nos.1(a) to 1(d) that Defendant No.1 is a limited liability partnership and accordingly, the partners ought not to be joined as party Defendants. The Plaintiffs have come to the court with a case that the liabilities are owed to the Plaintiffs by Defendant No.1 as a partnership firm 1 / 2

sat CHS 340-2017.doc of which Orig.Defendant Nos.1(a) to 1(d) are partners. Impleadment of party Defendants is on the basis of the Plaintiffs' plea and not on the basis of the Defendants' defence. There is no merit in the chamber summons. The chamber summons is dismissed.

(S.C. GUPTE, J.) 2 / 2