1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1884 OF 2009 IN SUIT NO.3086 OF 2003 Infrastructure Leasing and Finance Ltd. ...Plaintiffs Vs. DSQ Holdings Ltd. and Ors. ...Defendants And Shree Katyayani Nirman Pvt. Ltd. ...Applicants ----- Ms. Shreevardhini Parchure i/b. N.S.& Himayatullah for Plaintiffs Mr. Vivek Kantawala i/b. V. Kantawala & Co. for Defendants. MS. Hemani Jhariya for Defendant Nos.1,2, 4 and 5 ----- CORAM: V.M. KANADE J. DATED: 4TH FEBRUARY, 2010 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned Counsel for the Plaintiffs and the Defendants. 2. This Chamber Summons is taken out by the Applicant for transposing them as Plaintiffs in the place of the existing Plaintiffs. It is submitted that by the learned Counsel for the Applicants that by way of an agreement of assignment, the claim of the Plaintiffs have been assigned in favour of the 2 Applicants. It is, therefore, prayed that in view of the deed of assignment executed between the Plaintiffs and the Applicants, the Applicants may be transposed in place of the Plaintiffs. 3. The learned Counsel appearing on behalf of the Defendant Nos.1,2, 4 and 5 submits that she has been instructed by the Defendant Nos.1,2,4 and 5 and that they have no objection if the Applicants are transposed as Plaintiffs. She submitted that, however, she has not received any instructions from the Defendant No.3. In view of the deed of assignment, the Applicants are entitled to transpose as Plaintiffs in the Suit. Chamber Summons is, therefore, allowed in terms of prayer clause (a). 4. Chamber Summons is, accordingly, disposed of. Amendment to be carried out within two weeks. 5. Since the Chamber Summons is allowed, the Plaintiffs are at liberty to request the Court Receiver to act on the order which had already been passed in favour of the Plaintiffs. (V.M. KANADE J.)