Jayesh Chimanlal Vasa v. Nirmal Bhavan Co-Operative Housing Society Limited And ORS

906.IA.710.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.710 OF 2022 IN COMMERCIAL SUIT NO.210 OF 2021 WITH CONTEMPT PETITION (L) NO.21932 OF 2023 IN INTERIM APPLICATION NO.710 OF 2022 IN COMMERCIAL SUIT NO.210 OF 2021 WITH INTERIM APPLICATION NO.5966 OF 2025 IN COMMERCIAL SUIT NO.210 OF 2021 Jayesh Chimanlal Vasa ....Applicant

Versus

Nirmal Bhavan CHS. Ltd. & Ors.

...Respondents

Mr. K.K. Holambe Patil a/w. Vishal G. Shirsat, for Applicant. Mr. Amogh Singh a/w. Nirav K. i/b. Bhavin Bhati, for Defendant No.1.

Ms. Krutisha Pandey i/b. Jeet Gandhi, for proposed Defendant No.10.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 11, 2025 ORDER :

1.

Interim Application No.5966 of 2025 seeks to add the proposed Defendant as Defendant No.10 on the premise that Defendant No.10 Digitally signed by AARTI GAJANAN PALKAR Date:

2025.12.15 13:35:38 +0530 AARTI GAJANAN PALKAR DECEMBER 11, 2025 Aarti Palkar

906.IA.710.2022.doc has executed an agreement to develop the property, which is the subject matter of the Suit. Since any order in the proceedings would prima facie affect the interests of Defendant No.10, it is only appropriate to enable Defendant No.10 to be made a party, so that he can be heard before any orders are passed.

2.

In these circumstances, Interim Application No.5966 of 2025 is allowed, permitting the addition of the proposed Defendant No.10 as a party. The addition shall be made within a period of two weeks from the upload of this order on the website of this Court and the newly added Defendant No.10 shall be served within a period of two weeks thereafter. Reply, if any, shall be filed by the newly added Defendant No.10 within a period of four weeks from the service of the proceedings on him.

3.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] DECEMBER 11, 2025 Aarti Palkar