1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.595 OF 2009 IN SUIT NO.699 OF 1989 The Board of Trustees of the Port of Mumbai .. Plaintiffs Versus M/s.Bharat Industries & Anr. .. Defendants Mr.U.J.Makhija i/b. Mulla & Mulla for plaintiffs Ms.Hina Acharya for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 4th September 2009. P.C.: 1] None appears for respondents. Perused the chamber summons and the affidavit in support. Heard both sides. In the light of the order which is passed in another suit instituted by the plaintiffs, interest of justice would be sub-served if the plaint is directed to amended to implead the respondent as party defendant and deleting the present defendant No.2. Considering that the presence of respondent would be necessary and that would enable this Court to effectively and completely deal with the 2 controversy and pass appropriate decree, the chamber summons is made absolute in terms of prayer clauses (a) and (b). 2] Needless, therefore, to add that the plaint can be amended by the plaintiffs to implead the respondent as party defendant and all consequential amendments as they may deem just and proper. 3] The plaint should be amended to delete the name of present defendant No.2 and substitute it by the respondent. The plaintiff can after impleadment serve the writ of summons on the newly added defendant at the address provided in chamber summons and file affidavit of service. (S.C.DHARMADHIKARI, J)