1 chs-1503-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1503 OF 2010 IN SUIT NO. 434 2003 ICICI Bank Ltd. ... Plaintiffs. V/s. An Official Liquidator of Mardia Chemicals Ltd. Attached to the High Court of Gujrat ... Defendants. And Asset Care Enterprise Ltd. .. Proposed plaintiffs Mr. Birendra Saraf a/w. Sachin Chandarana, Bhatia, Ms. Shilpa Joshi i/by M/s. Manilal K. Ambalal & Co.for the Plaintiffs. Mr. J.P. Sen i/b Singhania & Partners for applicant. Mr. D. Mitra for official liquidator. CORAM : R.Y. GANOO, J. DATED : 8th DECEMBER 2010. P.C. :- 1. Heard learned Counsel on behalf of the plaintiffs as well as present applicants who are styled as proposed plaintiffs. After having heard learned Counsels on both sides for the purpose of understanding the nature of the prayers, one thing is sure that the suit came to be filed by ICICI Bank in their capacity as Debenture Trustees. The company by name Asset Care Enterprises Ltd. who have taken out this chamber summons and have styled themselves as proposed plaintiffs, may be interested in managing the properties 2 chs-1503-10=.sxw which have come in the spell of securitization etc. In my view, that would not enable them to shift the whole scene and take over from ICICI Bank and implead them as defendants. If the suit was originally filed by ICICI Bank for appropriate reliefs, there is no reason to transpose them as defendants and allow M/s. Asset Care Enterprises Ltd. to take over the said suit. The present proposed plaintiffs can be joined as party plaintiffs. In view of this, chamber summons is disposed of by passing following order. ORDER (i) The proposed plaintiffs M/s. Asset Care Enterprises Ltd. be joined as plaintiffs along with M/s. ICICI Bank Ltd. (ii) Rest of the prayers in the chamber summons are rejected. (iii) The ICICI Bank Ltd. shall carry out amendment so as to join M/s. Asset Care Enterprise Ltd. as plaintiff no.2 on or before 23rd December, 2010, serve amended copy of the plaint, upon the defendants. There shall be no order as to costs. (R.Y. GANOO, J.)