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2022 Supreme(Bom) 264

S.M.MODAK
Tarun Keshrichand Shah – Appellant
Versus
Kishore Engineering Co. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dr. Abhinav Chandrachud, Mr. Naresh Ratnani, Ashwin Ankhad.
For the Respondents: Mr. Ankit Lohia, Arun Mehta.

JUDGMENT :

S.M. MODAK, J.

1. By these two writ petitions, the Original Plaintiffs are challenging the Orders passed by the City Civil Court in Suit No. 6117 of 2007 dated 05.10.2018. Those two Orders were passed on two Notice of Motions. They were filed by the Applicant/present Respondent No. 2 whereas present Respondent No. 1 is the sole defendant. Parties are referred to by their original status as per the Suit.

2. The details of those motions are as follows:

    (A) Notice of Motion No. 1346 of 2018

For issuing direction to add applicant as party defendant.

(B) Notice of Motion No. 1925 of 2017

Filed to set aside the Order closed evidence and defendant ex-parte.

3. By the two impugned Orders, the City Civil Court (hereinafter referred to as “Trial Court”) was pleased to allow both these two Notice of Motions. The issue involved in these petitions is:

    (a) As to whether the impleadment of applicant is necessary for adjudication of the dispute involved in that suit.

(b) Whether order to proceed Ex-parte need to be set aside.

4. On this background, we have heard the learned Advocate Dr. Shri A

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