M/S Vighnaharta Builders And Projects Pvt Ltd v. Municipal Corporation Of Greater Mumbai And ANR And Ashok S Kothari And 2 ORS (Applicant)
50 chscd8-16 FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.8 OF 2016 IN COMMERCIAL SUIT NO.190 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.A.Y.Sakhare, Sr.Counsel, Mr.Joel Carlos, Mr.R.Y.Sirsikar for the MCGM Mr.S.B.Pawar a/w Ms.Swati Sawant, Ms.Shravani Dalvi i/b M/s.S.K.Legal Associates for the defendant no.2 CORAM : K. K. TATED, J.
DATE : SEPTEMBER 14, 2017 P.C.:
1.
Heard.
2.
This application is preferred by applicants for joining him as a party defendant in Commercial Suit No.190 of 2016.
3.
The learned Senior Counsel for the plaintiff submits that they have no objection for joining applicants as defendants in the Suit.
4.
The learned counsel for the defendant no.2 submit that they vehemently oppose the present Chamber Summons.
5.
Considering the submissions made by the Mohite 1/2
50 chscd8-16 learned counsel for the Applicant and the consent given by the learned Senior Counsel for the plaintiff, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons. Hence, following order:
a) Plaintiff is directed to join the applicants as defendant nos.3, 4 and 5 in Commercial Suit No.190 of 2016 and pending proceedings, if any, on or before 22.9.2017 by carrying out amendment.
b) If amendment is carried out within stipulated time as stated hereinabove, plaintiff to provide amended copy of plaint along with other proceedings to the applicant as well as defendants immediately thereafter.
c) Liberty granted to the newly added defendants i.e. applicants in Chamber Summons to file their Affidavit-in-Reply if any in Notice of Motion on or before 22.9.2017 with copy to other side.
d) Chamber Summons stand disposed of accordingly.
(K.K.TATED, J.) Mohite 2/2