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N. J. JAMADAR
Edelweiss Asset Reconstruction Company Limited – Appellant
Versus
Meeti Developers Private Limited – Respondent
ORDER :
(N.J. Jamadar, J.)
1. Heard the learned Counsel for the parties.
2. This is an application for amendment of the plaint under order I Rule 10 and order VI Rule 17 of the Code of Civil Procedure, 1908 (The Code) to implead Ajmera Luxe Realty Pvt. Ltd.(R7) as a party Defendant No. 7 and make certain averments and seek additional reliefs.
3. Meeti Developers Pvt. Ltd. (Meeti), the Defendant No. 1 entered into a Development Agreement dated 27th December 2006 with New Kamal Kunj Co-Operative Housing Society Limited (The Society), the Defendant No. 6, to redevelop the society premises. Under the terms of the development agreement, Meeti Developers Pvt. Ltd. (D1) was required to construct the rehab units for the existing members of the Society (D6) and had right to utilize and deal with the balance available FSI quantified at 74,226 square feet in such manner as Meeti (D1) may deem fit. Addendum Agreements were executed in furtherance of the development agreement, on 31st October 2015 and 18th March 2017. Under the terms of these agreements, Meeti(D1) was authorized to create security interest or encumbrance on the developer's share and the society (D6) agreed that it shall not raise a
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