1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 965 OF 2009 WITH CIVIL APPLICATION NO.1201 OF 2009 Mr. Deepak M. Padwal & Ors. ...Appellants. v. Goa Dourada Prmotions Pvt. Ltd. ...Respondents. Mr.Naushad Engineer with Mohit Arora and Amit Yadkikar i/by Mr.Desai & Diwanji, APPs For the Appellants. Mr.J.Mohan Rao i/by Ms.Poonam Mittal, advs. For the Respondent No. 1. CORAM : J.H. BHATIA, J. DATED : MARCH 23, 2010 P.C. 1 Heard the learned counsel for the parties. 2 The learned counsel for the appellants, who are the original defendants, points out that the alleged agreement was between the M/s. Manas Infratech Private Ltd., Gurgaon and the present defendants. Said M/s. Manas Infratech Private Ltd. is not a plaintiff. The plaintiff was only shown as representative of M/s. Manas Infratech Private Ltd. and, therefore, suit is not tenable at the behest of the representative only. Secondly, he pointed out that as per the contents of the paragraph 1 and 2 of the agreement, agreement was not concluded because it was necessary to obtain consent of the co-sharers , who were not parties to that 2 agreement. According to him, no such consent has been obtained from the remaining co-sharers and, therefore, on the basis of said contract and in such circumstances, trial Court could not pass any order of granting interim relief to the plaintiff. 3 Taking into consideration the circumstances the learned counsel for the respondents seeks time to make appropriate amendment in the plaint for which he wants four weeks time. Taking into consideration the circumstances noted above, appeal is allowed and the impugned order is hereby set aside. However, the plaintiffs/respondents shall be at liberty to move an application for amending the plaint so as to implead M/s. Manas Infratech Private Ltd. as a plaintiff and other co- sharers as the respondents in the matter. After the amendment, plaintiffs shall be at liberty to move fresh application for the interim relief if they so desire and if such application is filed the trial Court shall hear the parties and dispose off the same on its own merits. In view of this, the defendants/present appellants shall not create any third party interest in the suit property for four weeks from this date. All the contentions of the parties are left open to be decided by the trial Court. 3 4 Appeal as well as civil application no.1201/09 stand disposed off accordingly. (J.H. BHATIA,J.)