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Bombay High CourtCHS/52/2018dismissed

Deep Corporation. v. Rabia Abdul Gani And 78 ORS(Def) And Shreeji Construction And 2 ORS(Resp)

2018-06-06Hon'Ble Shri Justice G.S. Patel2 pages

36-CHS52-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 52 OF 2018 IN COUNER CLAIM NO. 9 OF 2007 IN SUIT NO. 4667 OF 2000 WITH NOTICE OF MOTION NO. 125 OF 2010 Lassardo Thereza ...Applicant In the matter between Deep Corporation ...Plaintiff

Versus

Rabia Abdul Gani & Ors ...Defendants And Shreeji Construction & Ors

...Respondents

Mr GC Mohanty, I/b Mohanty & Associates, for the Plaintiff.

Mr Hemant Mehta, i/b Mehta & Co, for Respondent No. 1. CORAM: G.S. PATEL, J DATED:

6th June 2018 PC:- 1.

Heard.

6th June 2018

36-CHS52-18.DOC 2.

The 5th Defendant to the Counter Claim is aggrieved apparently by some actions taken against him in regard to some properties. His remedies lie elsewhere and his contentions in that behalf are kept open. This, however, does not mean that Defendant No. 5 to the Counter Claim can be permitted to amend the Counter Claim to join parties who are not desired in this litigation by either the Plaintiff to the Suit nor by the Plaintiff to the Counter Claim, and are also not thought necessary as parties by the Court. 3.

The Chamber Summons is dismissed with these observations.

(G. S. PATEL, J) 6th June 2018