1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3089 OF 2005 NOTICE OF MOTION NO.3089 OF 2005 NOTICE OF MOTION NO.3089 OF 2005 IN IN IN SUIT NO. 3156 OF 1999 SUIT NO. 3156 OF 1999 SUIT NO. 3156 OF 1999 I.C.I.C.I. Bank Limited ...Plaintiffs I.C.I.C.I. Bank Limited ...Plaintiffs I.C.I.C.I. Bank Limited ...Plaintiffs Vs. Vs. Vs. M/s.Mafatlal Engineering Industries Ltd. ...Defendants M/s.Mafatlal Engineering Industries Ltd. ...Defendants M/s.Mafatlal Engineering Industries Ltd. ...Defendants And And And Kotak Mahindra Bank Limited ...Intervener Kotak Mahindra Bank Limited ...Intervener Kotak Mahindra Bank Limited ...Intervener ----- ----- ----- Mr.Sandeep Parikh a/w. Mr. Arun Siwadi i/b. Mr.Sandeep Parikh a/w. Mr. Arun Siwadi i/b. Mr.Sandeep Parikh a/w. Mr. Arun Siwadi i/b. Amarchand Mangaldas and Suresh A. Shroff & Co. for Amarchand Mangaldas and Suresh A. Shroff & Co. for Amarchand Mangaldas and Suresh A. Shroff & Co. for Plaintiff Plaintiff Plaintiff Mr. Briendu Saraf i/b. V.Deshpnde & Co. for Kotak Mr. Briendu Saraf i/b. V.Deshpnde & Co. for Kotak Mr. Briendu Saraf i/b. V.Deshpnde & Co. for Kotak Mahindra Bank. Mahindra Bank. Mahindra Bank. CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. CORAM: SMT. ROSHAN DALVI, J. DATED: 3RD MARCH, 2006 DATED: 3RD MARCH, 2006 DATED: 3RD MARCH, 2006 P.C. P.C. P.C. 1. This Notice of Motion is taken out by the 1. This Notice of Motion is taken out by the 1. This Notice of Motion is taken out by the interveners to allow them to intervene in the suit. interveners to allow them to intervene in the suit. interveners to allow them to intervene in the suit. They have taken over the rights and entitlements of They have taken over the rights and entitlements of They have taken over the rights and entitlements of the Plaintiffs under an agreement with the Plaintiffs the Plaintiffs under an agreement with the Plaintiffs the Plaintiffs under an agreement with the Plaintiffs dated 16th November 2004 followed by a Deed of dated 16th November 2004 followed by a Deed of dated 16th November 2004 followed by a Deed of Assignment dated 29th September 2004. The Plaintiffs Assignment dated 29th September 2004. The Plaintiffs Assignment dated 29th September 2004. The Plaintiffs have accordingly assigned the debt due to it interalia have accordingly assigned the debt due to it interalia have accordingly assigned the debt due to it interalia from Defendant No.1 to the interveners. from Defendant No.1 to the interveners. from Defendant No.1 to the interveners. 2. The interveners are therefore proper parties 2. The interveners are therefore proper parties 2. The interveners are therefore proper parties to the suit and must be allowed to be party Defendants to the suit and must be allowed to be party Defendants to the suit and must be allowed to be party Defendants as applied for by them. Consequently the Notice of as applied for by them. Consequently the Notice of as applied for by them. Consequently the Notice of Motion is made absolute in terms of prayer clause (c). Motion is made absolute in terms of prayer clause (c). Motion is made absolute in terms of prayer clause (c). N.O.C. N.O.C. N.O.C. 2 3. The Plaintiffs shall carry out amendments 3. The Plaintiffs shall carry out amendments 3. The Plaintiffs shall carry out amendments within 2 weeks in the plaint as well as in the copies within 2 weeks in the plaint as well as in the copies within 2 weeks in the plaint as well as in the copies of the plaint served upon the Defendants. of the plaint served upon the Defendants. of the plaint served upon the Defendants. 4. The interveners waive service of the Writ of 4. The interveners waive service of the Writ of 4. The interveners waive service of the Writ of Summons. Summons. Summons. 5. The other Notices of Motion along with the 5. The other Notices of Motion along with the 5. The other Notices of Motion along with the Court Receiver’s report are adjourned for 3 weeks. Court Receiver’s report are adjourned for 3 weeks. Court Receiver’s report are adjourned for 3 weeks. (ROSHAN DALVI,J.) (ROSHAN DALVI,J.) (ROSHAN DALVI,J.)