Amita Jayesh Mehta And 2 Others v. Jaswanti Flat Properties Pvt. Ltd And 6 ORS And The South Indian Bank Ltd(Applicant/Intervener)

10.961.15-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 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.

Heard. This Chamber Summons is made by the South Indian Bank ltd. for joining them as party defendant in the suit.

2.

The learned counsel for the plaintiff submits that they have also filed Chamber Summons No.1464/2015 for joining them as party defendant. Hence, they have no objection if the Chamber Summons is allowed in terms of prayer clauses (a) and (b) with liberty to the plaintiff to make appropriate averments in the copy of plaint as per Chamber Summons No.1464/2015.

Basavraj G Patil 1/2

10.961.15-chs 3.

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 in view of their own Chamber Summons No.1464/2015, I am satisfied that the applicant has made out a case for allowing the Chamber Summons.

4.

Hence, following order is passed:

a.

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 implead the applicant / intervener as a party defendant in suit No.299/2014 as well as in Notice of Motion No.466/2014.

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

b.

Amendment to be carried out by the plaintiff within two weeks from today.

c.

Amended copy of the plaint be served on the added defendants, thereafter immediately.

d.

Chamber Summons stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2