1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4035 OF 2008 IN SUIT NO.3857 OF 1996 Naresh Rajwani .. Plaintiffs Versus Western India Tanneries Ltd. .. Defendants Mr.Bhandari with Ms.Maya Sarkar i/b. Madhukar Munim and Co. for plaintiffs Mr.J.G.Shukla for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd March 2009. P.C. . Considering the nature of relief claimed, liberty is granted to convert this notice of motion into chamber summons. Office to permit the amendment and number the application as chamber summons. 2. After this chamber summons was argued for some time, both sides agree that the following 2 issue be treated as preliminary issue and shall be numbered as Issue No.1A. "1A. Whether the suit as filed by the plaintiff is maintainable or not? 3. Since the defendant has filed this chamber summons raising plea of non maintainability, it would be open for the defendant to raise such pleas as are permissible in law in support of this contention. It will be open for the defendants to apply to the Court, while the issue is being tried, that they may be permitted to place such material as is necessary and relevant to substantiate the same. All contentions are kept open. Chamber summons disposed of. (S.C.Dharmadhikari, J)