1 CHS939.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 939 OF 2008 IN SUIT NO. 132 OF 2007 White Towers Co-operative Housing Society. ... Plaintiff. V/s. M/s. S.K. Builders & Ors. ... Defendants. Ms. Preeti Khandge i/b. M.M. Vashi for the Plaintiff. Mr. Sandesh Patil i/b. S.R. More for Defendant 1. Mr. R.Y. Sirsikar for Defendants 2,3 and 4. Mr. B.B. Shroff i/b. Nisha Valani for Defendant 5. CORAM : R.Y. GANOO, J. DATED : 24th JANUARY 2011. P.C. :- In the plaint there are in all five Defendants. This Chamber Summons is directed only against four Defendants. I have perused the text of the schedule. At substantial places there is a reference to Defendant No.5 which means if the Chamber Summons is allowed as it is, the plaint should be amended and if the amendment is granted, Defendant No.5 may have to reply by filing written statement. If Defendant No.5 is missing in the cause title of the Chamber Summons, the Chamber Summons will have to be dismissed. Accordingly, the Chamber Summons is dismissed with no order as to costs. Pending Motion stands adjourned to 17th February 2011. (R.Y. GANOO, J.) 2 CHS939.08.sxw