M. R. SHAH, B. V. NAGARATHNA
Asian Hotels (North) Ltd. – Appellant
Versus
Alok Kumar Lodha – Respondent
JUDGMENT :
M.R. SHAH, J.
1. As common question of law and facts arise in this group of appeals and as such arise out of the impugned common judgment and order passed by the High Court, all these appeals are decided and disposed of together by this common judgment and order.
2. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 15.09.2021 passed by the High Court of Delhi in respective applications in respective Commercial Suits under Order 1 Rule 10 and Order 6 Rule 17 of the Code of Civil Procedure, by which, all the aforesaid applications submitted on behalf of the original plaintiff, the High Court has allowed the said applications and has permitted the original plaintiff to amend the respective suits and has also ordered impleadment of mortgagees (Banks), original defendant no. 1 Asian Hotels (North) Limited has preferred the present appeals.
3. For the sake of convenience, the impugned order passed by the High Court in IA No. 5173-5174 of 2021 in Civil Suit (Commercial) No. 189 of 2020 shall be treated as the lead matter. Therefore, for the sake of convenience and to avoid any repetition, facts arising out of Civil Suit (Commercial) No. 189 of 202
Kasturi v. Iyyamperumal & Ors.
Revajeetu Builders and Developers vs. Narayanaswamy and Sons & Ors.
Ashutosh Chaturvedi v. Prano Devi (2008) 15 SCC 610 – Referred [Para ]
T.N. Alloy Foundry Co. Ltd vs. T.N. Electricity Board and Ors (2004) 3 SCC 392 – Referred [Para 5]
L.J. Leach & Co Ltd vs. M/s. Jardine Skinner & Co. AIR 1957 SC 357 – Referred [Para 5]
Rajesh Kumar Aggarwal & Ors vs. K.K. Modi & Ors AIR 2006 SC 1647 – Referred [Para 6]
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