:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1105 OF 2003 IN SUIT NO.1899 OF 1989 Union Bank of India ..Plaintiffs. Vs. M/s.Balaji Luggage Industries & Ors. ..Defendants. Mr.S.S.Joshi i/b.M/s.Lokhandwala & Co. for the Plaintiffs. Mr.Ameya Tamhane i/;b.Ms.Seema Sarnaik for Defendant Nos.4 and 5. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 6TH FEBRUARY, 2006 DATED : 6TH FEBRUARY, 2006 DATED : 6TH FEBRUARY, 2006 P.C. : P.C. : P.C. : The Chamber Summons is taken out by Defendant Nos.4 and 5 to delete them from the above suit. 2. The Chamber Summons is taken out on the basis that Defendant Nos.4 and 5 were not the partners at the material time of Defendant No.1. 3. The learned counsel appearing on behalf of Defendant Nos.4 and 5 states that the record with the Registrar of Firms pertaining to Defendant No.1 has been destroyed. In the circumstances, it is necessary to ascertain whether, in fact, Defendant :2: Nos.4 and 5 were the partners of Defendant No.1 at the material time. This can be done only at the final hearing of the suit. 4. In the circumstances, the Chamber Summons is dismissed. It is however clarified that the question as to whether Defendant Nos.4 and 5 were partners of Defendant No.1 or not at the relevant time is kept open, to be decided at the final hearing of the suit.