1 CHS1482.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 1482 OF 2010 IN SUIT NO. 2666 OF 1992 1. Vimaldev Heljibhai Thakkar & ors. ... Plaintiffs v/s 1. Dr.Chandrashekhar Hirjibhai Thakkar & ors. ... Defendants And The Court Receiver ... Respondent Mr.Amol Mhatre for the applicant in support. Ms.Huda Diamondwala i/by Divya Shah Associates for the defendant Nos.1 to 3. Mr.Guram, Representative of the Court Receiver is present in person to show cause. CORAM: R.M.SAVANT, J. DATED: 7TH APRIL, 2011 P.C.: 1. By the above chamber summons, the plaintiffs have prayed for the following reliefs:- 2 CHS1482.10 (a) Granting leave to the plaintiffs for joining the Court Receiver as party defendant in the Small Causes Suit bearing RAE Suit No.174/387 of 2001 and in the present suit filed by the plaintiffs in this Hon’ble Court being Suit No.2666 of 1992. (b) Condoning the delay that has occurred in filing the present chamber summons. 2. The building in question, in which the premises which is the subject matter of RAE Suit No.174/387 of 2001 filed in the Small Causes Court, is in possession of the Court Receiver pursuant to the orders passed in the instant suit. 3. The plaintiffs had therefore sought the permission of the Court Receiver to file the suit against the defaulting tenants/occupants which permission was granted by the Court Receiver by letter dated 4.4.2001 on the basis of such permission the said RAE Suit No.174/387 of 2001 came to be filed. 4. The plaintiffs proceeded on the basis that the Court Receiver could be joined as a party defendant to the suit and, therefore, had arraigned him as defendant No.2. However, it seems that the Court has not granted liberty to the plaintiffs 3 CHS1482.10 to join the Court Receiver as a party defendant to the said suit. The plaintiffs had earlier filed Chamber Summons No. 1885 of 2009 which was dismissed, in view of the formal defect which has been mentioned in the order dated 30.3.2010. The plaintiffs have therefore filed the instant chamber summons seeking appropriate reliefs. Considering the fact that the building in which the suit property which is the subject of the said suit in the small Causes Court is custodia legis, it is necessary that the Court Receiver is a party to the said suit. 5. The chamber summons is therefore made absolute in terms of prayer clause (a). 6. Since the Court Receiver is already arraigned as defendant No.2 in the said suit and since now this Court has granted liberty to the plaintiffs to join him as a party defendant to the said suit, the plaintiffs may continue the Court Receiver as defendant No.2 in the said suit. 7. Chamber summons disposed of accordingly. (R.M.SAVANT, J.) 4 CHS1482.10 5 CHS1482.10