1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1992 OF 2007 IN SUIT NO.1185 OF 2007 MESSRS M.L.DEVELOPERS ..PLAINTIFF VS. PREMILABAI R. PATIL & ORS. ..DEFENDANTS Mrs.Doijode i/b Doijode Associates for the Plaintiff. Mr. Sanjay Jain i/b Mehta & Mithi Co., for Defendant No.11 Mr. Ashok Kumar Singh for Defendant No.10 Mr. D.D.Mehta i/b D.M.Legal Associatesfor Defendants No.1,2, 4 to 6 CORAM: SMT ROSHAN DALVI, J. DATED: 20 th February, 2009 P.C.: 1. The Plaintiff desires to join the Respondent society as party in the suit. In paragraph 6 of the Plaint the Plaintiff has averred that the society was not joined as party to the suit since the statutory notice u/s 164 of the Maharashtra Co- operative Societies Act, 1961 (the act), was not given and the 2 suit had to be filed against the other Defendants, since urgent orders had to be obtained against them. Pending the suit, liquidator has been appointed in respect of the Respondent society u/s 103 of the Act. The Plaintiff shall therefore have to amend the schedule to the Chamber Summons showing the liquidator of the society appointed to defend the suit on behalf of the society as such liquidator. 2. The other Defendants have opposed the Chamber Summons on the ground that the suit which is for specific performance of the agreement between the Plaintiff and the predecessors in title of Defendant Nos. 1 to 7 has nothing to do with the society or the liquidator representing the society and that the trial may be embarassed, if the society was joined as a party Defendant. The conveyance has been executed in favour of Defendant No.11. The society is required to be joined essentially as a proper party for enforcement of the rights, if any, that will be obtained by the Plaintiff in the suit with regard to a part of the society's property. Hence the society is a proper party to the suit. The Chamber Summons is made absolute in terms of prayer clause (a). The Plaintiff shall carry out the amendments as shown in the schedule to the Chamber summons, in addition to which the Plaintiff shall show the liquidator as Defendant No.12 on behalf of the Respondent Society. The amendments to be carried out 3 within two weeks. The Plaint served upon the other Defendants also to be amended within two weeks. The Plaintiff to serve the amended writ of summons upon the liquidator on behalf of the Respondent society within 8 weeks. (Roshan Dalvi, J)