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2013 Supreme(Bom) 2274

R.D.DHANUKA
Phoenix Tower Co-operative Housing Society Limited – Appellant
Versus
Phoenix Construction Company – Respondent


Advocate Appeared
For the Plaintiff:Shailesh Shah, Sr. Advocate along with Ms. Jyoti Sinha i/by Negandhi Shah & Himaytullah, Pravin Samdani, Sr. Advocate along with Pranaya Goyal along with Bindi Dave i/by Wadia Ghandy & Co., Advocates.
For the Respondents:R1 & R2, S.U. Kamdar, Sr. Advocate along with Chirag Balsara, D.V. Deokar, P.K. Shroff, Subodh Joshi, Kavita Shetty i/by Parimal K. Shroff, Advocates.

JUDGMENT

By this chamber summons, the applicants seek impleadment as party defendants to the suit and also to pending Notice of Motion No. 3446 of 2006, Notice of Motion No. 3376 of 2006 and Notice of Motion No. 1004 of 2011.

2. Defendant No. 2 is one of the partners of defendant No. 1. Defendant no. 2 was original owner of the immovable property admeasuring 15,812.95 sq. mtrs situate and being at Senapati Bapat Marg, Lower Parel, Mumbai 400 013. Defendant No. 2 who is partner of defendant no. 1 got the suit property into the partnership firm i.e. defendant no. 1. Defendant no.1 sold various flats in the building known as Phoenix Tower Cooperative Housing Society Limited “A” and “B” Wing. Plaintiff Nos. 3 and 4 are the owners of two flats in Tower “A”. Plaintiff Nos. 5 and 6 are the owners of the two flats in Tower “B”. The Flat purchasers in the said two buildings formed Plaintiff No. 1 and 2 society. It is the case of the plaintiff that various agreements entered into between the flat purchasers and defendant no. 1 and 2, defendant Nos. 1 and 2 are liable to convey the suit property in favour of Plaintiff Nos. 1 and 2 jointly. Though the plaintiffs called upon the defendant Nos. 1












































































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