1 WP 2433 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2433 OF 2011 IN ORDER BELOW EXHIBIT 11 IN APPEAL NO. 363 OF 2005 IN R.A.E. SUIT NO. 959 /2317 OF 1992 Yacub Ahmed Reshamwala ...Petitioner Vs. Nadeem M. Oomerbhoy and Ors. ...Respondents ----- Mr.P.S. Dani a/w. Ms. Priti Tare i/b. M/s. Bilawala & Co. for Petitioner Mr.Sailesh Thakkar i/b. Sailesh Thakkar and Co. for Respondents ----- CORAM: V.M. KANADE J. DATED: 13th April, 2011 P.C. 1. The Petitioner is aggrieved by an order passed by the Appellate Bench of the Small Causes Court dated 29.9.2010. By the said order, the Appellate Bench of the Small Causes allowed the application filed by the Respondent No.1 herein and directed the firm M/s. Bharat Cold Storage to join him as Appellant No.2. 2. The Petitioner is aggrieved by the said order. It is an 2 WP 2433 of 2011 admitted position that in the suit filed in this Court, the Court Receiver had filed an application seeking various directions. An order was passed by the Learned Single Judge of this Court, permitting the Respondent No.1 to file an application for joining him as a party Respondent in the Appeal which was filed by the Respondent No.2 herein. The grievance of the Petitioner is that instead of joining him as a respondent in the appeal, the Lower Appellate Court had directed the firm to join him as Appellant No.2. 3. The learned counsel appearing on behalf of the Respondent No.1 submits that he has filed an application for being joined as a respondent only in order to ensure that his interest would be sufficiently protected in the suit. He therefore, submits that the order may be clarified accordingly. 4. Accordingly, the order dated 29.9.2010 filed below Exhibit -11 in Appeal No. 363 of 2005 is modified and the Appellant -Respondent No.2 herein is directed to join the Respondent No.1 as a respondent No.3 in the said appeal. Amendment to be carried out within four weeks from today. Hearing of the appeal is expedited. Writ Petition is, accordingly, disposed of. (V.M. KANADE J.)