1 chs-1439-s-603-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO. 1439 OF 2009 IN SUIT NO. 603 OF 2007. Skol Breweries Limited. ..Plaintiffs. vs. SOM Distilleries & Breweries Ltd & Anr. ..Defendants. And Deepa Agencies. ..Applicant/ Proposed Defd.No.3. .... Mr. Venkatesh Dhond, a/w. Mr. Hiren Kamod, i/b. H.W. Karl, for Plaintiffs. Mr. S.J. Khera, for Applicant. Mr. Arif Bookwala, Senior Counsel, i/b. Anand Kumar & D. Jehangir, for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 18TH FEBRUARY 2011. P.C. This Chamber Summons is taken out by the Applicant inter alia seeking the following reliefs :- “That the third party applicant/proposed Defendant No.3 be added as Defendant No.3 to the Suit.” 2. In the present Suit, the Plaintiffs have alleged that the Defendant No.1 has infringed their registered trade mark “HAYWARDS 5000” by using the impugned mark “Power 5000” and is also guilty of passing off. The Plaintiffs have also filed independent Suits against other parties including the present applicant which the applicant has been contesting. However, the applicant submits that he be joined as party Defendant No.3 to this 2 chs-1439-s-603-07 Suit since he wants to make certain submissions in this Suit. The Applicant is neither a necessary nor a proper party. The question therefore of allowing the Applicant to be joined as a party Defendant to the Suit does not arise. 3. The Chamber Summons is accordingly, dismissed. [ S.J. KATHAWALLA, J. ]