: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4136 OF 2005 IN SUIT NO.3553 OF 2004 M/s.Mahendra Builders ....Plaintiff V/s. B.M.C. & Ors. ....Defendants And Azim Haseeb Khan ....Applicant Ms.Janhvi Durve i/b M/s.K.Ashar & Co. for the Plaintiff. Mr.Sirshikar i/b Ujjainwala & Associates for Defendant No.1. Mr.Vishal Maheshwari i/b Khaitan & Co. for Defendant Nos.2 and 3. CORAM : S.J. VAZIFDAR, J. DATED : 19TH MARCH, 2008. P.C. : 1. By an order dated 14.8.2004 in Chamber Summons No.1592 of 2005, in the above suit, the Applicant’s application for being impleading was rejected. The learned Judge observed in paragraph 5 that the remedy of the Applicant is not to get himself impleaded but to file independent proceedings and after joining appropriate parties, claim declaration of right, title and interest in the property. : 2 : 2. In view of the said order, this Notice of Motion does not survive and is dismissed as such. It is clarified however that in the event of any Court Receiver being appointed, the Applicant shall be at liberty to adopt proceedings even in this suit and for the same reliefs if the same are maintainable under order 40 Rule 1 of the C.P.C. 3. The Notice of Motion is accordingly disposed of.