*1* CHS-1865-792-NMS-2673-177.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1865 OF 2008 ALONG WITH NOTICE OF MOTION NO.2673 OF 2008 AND NOTICE OF MOTION NO.177 OF 2009 IN SUIT NO.2337 OF 2008 Jyoti H. Shahani & Ors. ... Plaintiffs V/s. Jimit Enterprises Ltd. & Ors. ... Defendants And Best Value Hyper Market ... Respondents Mr. R.R. Lanjekar, i/b. Mr. A.G. Damle, for the Plaintiffs. Mr. Neveille Mukherjee, i/b. M/s. Wadia Ghandy & Co., for Defendant Nos.4 and 5. CORAM : S.C. DHARMADHIKARI, J. DATE : 14 th December, 2011. P.C. : 1. Heard. Chamber Summons No.792 of 2011 is for restoration of the present Chamber Summons. The same is allowed. 2. The Defendant No.1 has been duly served. The affidavit of service has been filed. 3. The Plaintiffs case is that the amendment in terms of the Schedule be permitted so as to enable this Court to effectively and properly resolve the controversy between the parties. It is stated that the Suit is filed for a declaration that the Plaintiffs have exclusive title in the property/shops and the *2* CHS-1865-792-NMS-2673-177.sxw Defendants had no right to remain in the possession of the same. It is in such a case that an application was made for interim injunction. In reply to this application for interim injunction, what has been stated is that the property was purchased by M/s. Best Value Hyper Market, i.e. the Respondent herein, and that this Entity has not been joined as a party to the Suit. It is in such circumstances and to avoid multiplicity of proceedings that the Plaintiffs have decided to implead the Respondent-M/s. Best Value Hyper Market as a party Defendant. It is also to incorporate certain averments, which remained to be carried out inadvertently, according to the Plaintiffs, that the instant Chamber Summons is filed. 4. There is no affidavit-in-reply save and except the objection raised by the contesting Defendant Nos.4 and 5 that this Chamber Summons is hopelessly belated, in as much as, the Plaintiffs were aware of the rights claimed by M/s. Best Value Hyper Market. There were earlier proceedings including a Writ Petition filed in this Court in which this fact was to the knowledge of the Plaintiffs. Therefore, the statements made in the affidavit-in-support are false and cannot be accepted. 5. After having heard the Counsel at some length and perusing with their assistance the Chamber Summons, the Schedule of the amendment and the affidavit-in-support, I am satisfied that the amendment deserves to be granted so as to enable this Court to secure presence of all the parties, who are claiming rights in the immovable property, and to effectively and properly deal with the controversy in the Suit. Further, the amendment would avoid multiplicity of proceedings as well. 6. In such circumstances, the Chamber Summons is made absolute in terms of prayer clause (a) and to take care of the objection that the amendment is belated, it is directed that the Plaintiffs shall pay costs quantified at Rs.2,500/- to the Defendant Nos.4 and 5 within a period of two weeks from today. If costs *3* CHS-1865-792-NMS-2673-177.sxw are paid, the amendment be permitted to be carried out in terms of the Schedule and the copies of the amended plaint be served on all the parties within a period of four weeks from the date the amendment is carried out. 7. Place the Notices of Motion for orders on Monday, the 19th December, 2011. (S.C. Dharmadhikari, J.)