Valdariya Constructions v. Sushila Manubhai Patel And ANR. And Manubhai B. Patel And 2 ORS. (Prop. Defe.)

11-chs345-17c vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (LODGING) NO.345 OF 2017 IN COMMERCIAL SUIT NO.646 OF 2017 M/s.Valdariya Constructions ...Applicant

IN THE MATTER BETWEEN :

M/s.Valdariya Constructions ...Plaintiff V/s.

Smt.Sushila M. Patel & Anr.

...Defendants And Manubhai B. Patel & Ors.

...Proposed Defendants WITH NOTICE OF MOTION NO.676 OF 2017 IN COMMERCIAL SUIT NO.646 OF 2017 M/s.Valdariya Constructions ...Applicant

IN THE MATTER BETWEEN :

M/s.Valdariya Constructions ...Plaintiff V/s.

Smt.Sushila M. Patel & Anr.

...Defendants Mr.Vishal Ghosalkar for the Applicant / Plaintiff. Ms.Neuty Thakkar for the Defendant No.1.

Ms.Madhavi Nalawade for the Defendant No.2.

CORAM : R.D. DHANUKA, J.

DATE : 30TH NOVEMBER, 2017.

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11-chs345-17c P.C. :- 1.

The chamber summons is not on board. Taken on board. 2.

By this chamber summons, the applicant seeks to implead the legal heirs and representatives of the defendant no.1 as defendant nos.1(a) to 1(c). Learned counsel for the proposed defendants has no objection if they are impleaded in place of the original defendant no.1. The statement is accepted. 3.

The chamber summons is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within one week from today. The chamber summons is accordingly disposed of.

4.

The plaintiff is also permitted to carry out the amendment in the notice of motion. Leave to amend is also granted to carry out the amendment in the schedule annexed to the notice of motion. A copy of the amended plaint as well as the notice of motion shall be served upon the defendants' advocate simultaneously. The office is directed to accept the sur-rejoinder, if any, filed by the defendants within one week from today.

5.

Place the matter under the caption of "Ad-interim relief" on 12th December, 2017.

(R.D. DHANUKA, J.) 2/2