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2019 Supreme(Bom) 1089

SANDEEP K.SHINDE
Mahendra Jayantilal Vora – Appellant
Versus
Vasant Complex Co. Op. Housing Society Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G.S.Godbole I/by Mr. Yatin R. Shah
For the Respondent: Mr. Rajeev B. Khanolkar, Mr. Kishor Salunke I/by Mr. D.S.Retiwala

JUDGMENT :

1. Vasant Complex Cooperative Housing Society Ltd, registered under the Maharashtra Cooperative Societies Act, 1960 instituted Short Cause Suit No. 396 of 2007 against M/s. Renuka Builders and Developers Pvt. Ltd. (Defendant), a promoter within the meaning of Section 2(c)of the Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (In short 'MOFA' Act) for enforcement of obligations under Section 11 of the MOFA.

2. Pending suit, the promoter (Defendant) sought impleadment of Mahendra Jayantilal Vora and two others as defendants in the suit in Chamber Summons No.771 of 2013. The learned Trial Court allowed the Chamber Summons vide order dated 19th December, 2014 and directed the plaintiff to carry out consequential amendment in the plaint as well as notice of motion on record, within fourteen days from the date of the order. It is against this order, the proposed defendants have preferred this Writ Petition under Article 227 of the Constitution of India.

3. Before I deal with the contentions of the petitioners, let me place on record relevant facts for deciding the present petition. One Mrs. Verna Jovita Nagpal,

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