Amita Jayesh Mehta And 2 Others v. Jaswanti Flat Properties Pvt. Ltd., And 6 Others And Canara Bank (Applicants)

10.1295.15-chs FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1295/2015 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. P. Saratkar i/b. SSP Legal for the applicant Mr. Sharan Jagtiani i/b. Kiran Jain & Co. for the 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 Canara Bank for joining them as party defendant in the suit.

3.

The learned counsel for the plaintiff submits that they have no objection to join the applicant as party defendant. He submits that as they have not filed Affidavit-in-Reply but they are denying the statements made against them in the affidavit in support of the Chamber Summons filed by the Basavraj G Patil 1/2

10.1295.15-chs applicant. He received instructions from his client to give consent for joining them as party defendant in the suit.

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, following order is passed:

a.

Chamber Summons is allowed in terms of prayer clause (a), which reads thus:

"(a) That this Hon'ble Court be pleased to direct the plaintiff's to implead the applicant / intervener as party defendant in suit No.299/2014."

b.

Amendment to be carried out 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