CHS971-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.971 OF 2009 IN SUIT NO.973 OF 2009 Anthony Patricks Lewis .. Plaintiff Versus M/s.Raja Ramdev Enterprises & Anr. .. Defendants Mr.Chetan B. R. i/b. I.C.Legal for applicant. CORAM : S.C.DHARMADHIKARI, J. DATE : 28th October 2010. P.C.: 1] From the affidavit in support of this chamber summons, it is apparent that the applicant has filed a substantive suit being Suit Lod.No.1351 of 2009 (now numbered as Suit No.1494 of 2009). To that suit, the plaintiff in this suit and the defendant No.1 herein are both parties. 2] From para 3 of the affidavit in support, it is clear that even if CHS971-09 2 subsequent suit is filed being the present suit to set aside the consent decree and consent terms dated 29th May 2008, that would not prejudice the applicant in any manner because his suit is pending and to the plaintiff’s suit No.1494 of 2009, all parties to the present suit are also made parties. Further, if plaintiff so desires he can amend the plaint in his suit and bring all the events that are set out in the affidavit in support, which I am informed has been done. Based on such amended pleas the applicant is always at liberty to claim substantive relief. Chamber summons is, therefore, misconceived and it is accordingly dismissed. (S.C.DHARMADHIKARI, J)