Asmabegum Co-Op Hsg. Society Ltd vs Girdharlal Mehta And Ors
2023 Latest Caselaw 422 Bom

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         MEERA                                         1/3                        907-app-376-11.doc
MEERA    MAHESH
MAHESH   JADHAV
JADHAV   Date:
         2023.01.13
         11:35:24
         +0530                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                          APPEALS NO. 376 OF 2011
                                                    IN
                                     CHAMBER SUMMONS NO. 610 OF 2009

                Asmabegum Co-op Hsg. Society Ltd.                   ...Appellant
                     Versus
                Girdharlal Mehta And Ors.                           ...Respondents

                                                 WITH
                                       APPEALS NO. 377 OF 2011
                                                  IN
                                 CHAMBER SUMMONS NO. 609 OF 2009
                                                  ----

Mr. Girish Godbole a/w Ms Gauri Mestha i/b L. J. Law for Appellant.

Mr. Shiraz Rustomjee, Senior Advocate a/w Mr. Ankit Lohia, Mr. Shanay Shah, Ms Sita Kapadia, Ms Tvishi Pant and Ms Anusha Guthi i/b Keystone Partners for Respondent No.1 to 3.

Mr. V. Mannadiar a/w Ms Dhannya Prasad, Ms Sanika Wabale & Mr. Sumukh Rackvi i/b Mannadiar & Co. for Respondent No.6.

----

CORAM : K.R. SHRIRAM & RAJESH S. PATIL JJ DATED : 11th JANUARY 2023

P.C. :

1 After hearing the appeal for sometime, on the suggestions made by

Mr. Rustomjee, Mr. Godbole and Mr. Mannadiar, following order is passed

keeping open all rights and contentions of parties in the suit.

(a) Appellant has filed the present Appeals for challenging the Judgment

and Order dated 21st December, 2010 passed by the Learned Single Judge

thereby dismissing the Chamber Summons No. 610 of 2009 in Suit No. 3006

of 2008 and Chamber Summons No. 609 of 2009 in Suit No. 3005 of 2008

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seeking the impleadment of Appellants in the said Suits filed by Respondent

Nos.1 to 3. By Order dated 21st July, 2011 both the Appeals were admitted

and the further proceedings in the Suits were stayed. Subsequently, the

Appeals were dismissed for default, but by Order dated 1 st November, 2022

passed by the Supreme Court of India, the Appeals have been restored.

(b) Four Suits filed by the parties in the present Appeals are pending in

this Court, i.e., i) Suit No.3005 of 2008 originally filed by Respondent Nos.1

to 3, whose legal heirs, i.e., Plaintiffs in the said Suit have since been

brought on record, ii) Suit No. 3006 of 2008 originally filed by Respondent

Nos. 1 to 3, whose legal heirs, i.e., Plaintiffs in the said Suit have since been

brought on record, iii) Suit No. 773 of 2007 filed by Appellant and iv) Suit

No. 2941 of 2005 filed by Respondent No.7 in the captioned Appeals

(Ursula S. Pereira) and Ms. Teresa Gonsalves, through Constituted Attorney

Mr. Atul Patel, and Respondent No. 4 in the Appeals, i.e., Atul Builders and

Estates Ltd., against inter alia the Appellant and M/s. Allied Engineering

Corporation. By an Administrative Order, all four Suits are clubbed.

(c) Appellant, being the Plaintiff in Suit No.773 of 2007 agrees to

implead Plaintiffs in Suit Nos.3005 and 3006 of 2008, i.e., Mr. Mahendra

Girdharlal Mehta, Ms. Shweta Mahendra Mehta, Ms. Meeta Mahendra

Mehta and Ms. Reeta Mahendra Mehta, as party Defendants in the said Suit

No. 773 of 2007.

(d) Plaintiffs in Suit Nos.3005 and 3006 of 2008 agree to implead

Appellant as party Defendant in Suit Nos.3005 and 3006 of 2008.

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(e)       In view of the aforesaid impleadment by consent, the impugned

Judgments and Orders both dated 21.12.2010 are quashed and set aside.

(f) The impleadment noted above (a) shall be without prejudice to the

rights and contentions of the parties, including their contentions that the

respective prospective Defendants are not necessary parties and have no

right or entitlement to oppose the reliefs sought in the Suits and interim

proceedings therein; and (b) shall not affect the orders already passed in the

respective Suits.

(g) The added Defendants are directed to file their respective Written

Statements within six weeks from today.

(h) Since all four Suits are already clubbed, the parties are at liberty to

apply to the Learned Single Judge for appropriate directions for proceeding

with the suits by settling the issues and for leading of evidence and fixing

the time schedules for completion of procedures in the Suits.

(i) As the suits have been pending for over 14 years, the Learned Single

Judge is requested to expedite the hearing of all the Suits.

(j) Both the Appeals are disposed in the above terms, with no order as to

costs.

(RAJESH S PATIL, J.)                                  (K.R. SHRIRAM, J.)




Meera Jadhav