M/S. Heritage Lifestyles Anddevelopers Ltd. v. M/S. Sahakar Nagar Cool Breeze Co-Operative Housing Society Ltd. And 35 ORS
chs 1211 of 2014 (934).sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1211 OF 2014 IN SUIT NO.460 OF 2014 Heritage Lifestyles and Developers Ltd.
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Applicant and M/s. Heritage Lifestyles and Developers Ltd. ... Plaintiff versus M/s. Sahakar Nagar Cool Freeze Co-op.
Housing Soc. Ltd. and Ors.
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Defendants and M/s. Veena Developers ...
Applicants Mr. Mani Thevar i/by M/s. Mahesh Menon and Co., for Plaintiff. Mr. Ashwin Shete with Ms. Ketki Gadkari i/by M/s. Jayakar and Partners, for Defendant Nos.2 to 9 and 11 to 33.
Mr. Omkar Kulkarni, for Defendant No.35.
Ms. Prerna R. Lalchandani, for Defendant No.36. CORAM: S.J. KATHAWALLA, J.
DATE: 8th JUNE, 2016 P.C.:
1.
Perused the Chamber Summons and the Affidavit in support thereto. Except for Defendant No.10, all the Defendants are served. The learned Advocate for the Defendants states that they have no objection if the Chamber Summons is allowed. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder :
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chs 1211 of 2014 (934).sxw "(a)that this Hon'ble Court may be pleased to permit the Plaintiff to implead the Respondent as Defendant No.37 in the present Suit; (b)That this Hon'ble Court may be pleased to permit the Plaintiff to carry out the amendment and consequent changes in the Plaint and pending proceedings as per the Schedule annexed hereto"; 2.
Amendment to be carried out within a period of one week from today. A copy of the amended Plaint shall be served on the newly added Defendant. The newly added Defendant to file its Written Statement if any, within a period of three weeks from the date of service of the Writ of Summons on them. 3.
The Chamber Summons is accordingly disposed of. 4.
Place the Suit for Framing of Issues on 18 th July, 2016.
( S.J.KATHAWALLA, J. ) ssp 2/2