1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 722 OF 2007 IN SUMMARY SUIT NO. 3082 OF 2005 Punjab National Bank ....Plaintiff Versus Lalit Mohan Gosh & Ors. ....Defendants Mr. Anirudha Lad i/b. Mr. Pankaj Vijayan, Advocate for the Plaintiff. CORAM : R. V. MORE, J. DATE : 10th MARCH, 2010. P.C. : The plaintiff has taken out the above chamber summons for permission to grant leave to carry out amendment in the plaint, in terms of schedule annexed thereto. By the proposed amendment, the Plaintiff wants to implead Mahanagar Co-operative Bank Ltd. as Defendant No.4. The suit is filed under the provisions of Order 37 Rule 2 of the Code of Civil Procedure, 1908 for recovery of an amount of loan from Defendant No.1 who is the Borrower and Defendant Nos. 2 & 3 in their capacity as the Guarantors. 2. It is the case of the Plaintiff that Defendant No. 1 fraudulently opened an account with Mahanagar Co-operative Bank Ltd. in the name of M/s. Shakti Enterprises i.e. the Builder and have withdrawn an amount of Rs.3,00,000/- 2 from the said Bank and therefore, presence of Mahanagar Co-operative Bank Limited is necessary. I do not find merit in the chamber summons as the suit is simplicitor for recovery of loan amount from Defendant Nos. 1 to 3 in their capacity as principal borrower and guarantors. In order to decide the controversy involved in the suit, presence of Mahanagar Co-operative Bank is not required. The said Bank is neither necessary nor proper party and therefore, chamber summons is dismissed. Sd/- (R. V. MORE, J.)