1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 301 OF 2009 IN SUIT NO. 483 OF 1997 Smt. Rita R. Tandon . ... Plaintiff V/s. S.D. Sharma and Ors. ... Defendants AND Bank of India, and Ors. ... Respondents to Chamber Summons .................. Mr. D. V. Merchant a/w Mr. R.L. Tolat i/b M/s L. C. Tolat and Company for Applicant. Mr. N. S. Fadia for Respondent No. 1. .................. CORAM : S. C. DHARMADHIKARI, J DATE : 16th June, 2009. P.C. 1. Heard Mr. D.V. Merchant for the Plaintiff. The affidavit has been filed. From affidavit of service it is apparent that each one of the parties to this Chamber Summons has accepted copies of the Chamber summons and the affidavit in support thereof. 2. Today, Mr. Merchant is not seeking relief in terms of prayer clause ( b ) of this Chamber Summons. Liberty is granted to the plaintiff to move the appropriate court by way of appropriate proceeding and all pleas of the parties 2 are kept open. 3. This Chamber Summons is to join respondent as party to the suit. The affidavit in support states as to why the presence of the bank and the purchaser is necessary for complete resolution of the dispute between the parties. The subject matter of the litigation is respective shares in the property which has been purportedly sold by the respondent No. 1 to Respondent Nos. 2 and 3. This is pursuant to the recovery proceeding initiated by the bank against the original defendant. In these set of circumstances, presence of respondents is necessary so that the court can pass a proper and complete decree. Chamber Summons therefore made absolutely in terms of prayer clause ( a ). Amendment to be carried out from two weeks from the date of the order of this Court. Liberty to apply for further relief in terms of this Chamber Summons. S.C. DHARMADHIKARI, J. ndm/chs301.09