Bombay High Court
Naraindas Parmanand Sanatorium Trust vs Aakar Enterprises And 8 Ors on 13 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
Darshan Patil 25-ia-2034-20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2034 OF 2020
IN
SUIT NO. 68 OF 2016
Naraindas Parmanand
Sanatorium Trust ..Applicant/Plaintiff
VS.
Aakar Enterprises
and 8 Ors. ..Respondents/Defendants
Adv. Vyom Shah a/w Mr. Jesse Cornelious i/b Lexicon Law
Partners for the Applicant/Plaintiff.
Adv. Jehaan Mehta a/w Adv. Yazad Udwadia a/w Adv. Ruchi
Gandhi i/b D.M. Legal Associates for the Defendant Nos. 1 to
5.
Adv. Vijay Kurle a/w C. Acharya a/w Sankit Shah for
Defendant No. 6.
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CORAM : R.I. CHAGLA, J
DATED : 13 MARCH 2023
P.C. :
1. By this Interim Application, the Applicant/Original
Plaintiff is seeking permission to amend the cause title of
the Suit by adding proposed Defendant Nos. 10 and 11 as
Party/Defendant as well as carrying out the schedule of
amendments to the Plaint annexed to the Interim
Application.
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2. The Applicant/Original Plaintiff has stated that the suit
property is being dealt with by Defendant Nos. 1 to 5 by
creating mortgages in favour of the proposed Defendant
Nos. 10 and 11 which are subsequent to the filing of the
Suit. These are in relation to the financial facilities which
are being availed of by Defendant Nos. 1 to 5 from the
proposed Defendant No. 10. Further, the proposed
Defendant No. 11 is sought to be joined, in view of what has
been averred to in sub-paragraph (bb) of paragraph no. 4 of
the Interim Application wherein it is stated that Defendant
No. 5 has entered into and executed an Understanding/Term
Sheet dated 04/08/2013 with proposed Defendant No. 11 to
jointly develope the suit property with a contribution of Rs.
63,50,00,000/- (in words Sixty Three Crore Fifty Lakh) each.
3. Accordingly, the applicant has submitted that the
proposed Defendant Nos. 10 and 11 are claiming to have
interest in the suit property as averred to in paragraph nos.
5 and 6 of the Interim Application. Accordingly, they have
sought to joined as Defendants.
4. The learned counsel appearing for Defendant Nos. 1 to
5 has no objection to the pre-trial amendment being allowed
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subject to the rights and contentions of Defendant Nos. 1 to
5 being kept open to deal with the same upon the
amendment being carried out.
5. The learned counsel appearing for Respondent No. 6
states that an Interim Application has been taken out for the
transposition of Respondent No. 6 as Plaintiff. The Interim
Application has not been listed today. Accordingly, list the
Interim Application (L) NO. 2557 of 2023 on 20/03/2023.
6. Having considered the averments in the Interim
Application, it does appear that the proposed Defendant
Nos. 10 and 11 are necessary parties to the above Suit. This
is borne out from the documents which have been annexed
to the Interim Application as well as the fact that Defendant
Nos. 1 to 5 have had allegedly dealings with the proposed
Defendant Nos. 10 and 11 in the suit property either by way
of mortgage allegedly created and/or alleged joint
development agreement entered into by Defendant Nos. 1
to 5 with the proposed Defendant No. 11. Accordingly, the
amendment sought for is being allowed subject to the rights
and contentions of the Defendant Nos. 1 to 5 to deal with
the amended plaint as and when the amendment is carried
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out being kept open. Hence, the following order.
ORDER
(a) The Applicants/Original Plaintiffs are permitted to carry out the amendment of the plaint in accordance with the schedule annexed to the Interim Application, thereby adding Respondent Nos. 10 and 11 herein as Defendants Nos. 10 and 11 to the Suit as well as consequential amendments.
(b) The amendments shall be carried out by the Applicants/Original Plaintiffs within a period of one week from the date of this order.
(c) The Interim Application is disposed of.
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