1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.1454 OF 2007 NO.1454 OF 2007 NO.1454 OF 2007 inin in SUIT SUIT SUIT NO.788 NO.788 NO.788 OF 1985 OF 1985 OF 1985 Acharya Acharya Acharya Ganeshdas Swami Ganeshdas Swami Ganeshdas Swami ...... Plaintiff Plaintiff Plaintiff vs vs vs Bombay Bombay Bombay Builders Builders Builders Company Company Company (P) Ltd & anr.Defendants (P) Ltd & anr.Defendants (P) Ltd & anr.Defendants & Industrial Industrial Industrial Development Development Development Bank of India.Respondent Bank of India.Respondent Bank of India.Respondent Ltd. Ltd. Ltd. Mr.M.Shukla Mr.M.Shukla Mr.M.Shukla i.b i.b i.b Desai Diwanji for Plaintiff Desai Diwanji for Plaintiff Desai Diwanji for Plaintiff Mr.D.D.Mehta Mr.D.D.Mehta Mr.D.D.Mehta for for for Defendant no.1 Defendant no.1 Defendant no.1 Mr.Santosh Mr.Santosh Mr.Santosh Mishra Mishra Mishra for Defendant no.2 for Defendant no.2 for Defendant no.2 CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 10th 10th 10th September, 2007 September, 2007 September, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the plaintiff in Heard learned counsel for the plaintiff in Heard learned counsel for the plaintiff in support support support of the Chamber Summons. Heard learned of the Chamber Summons. Heard learned of the Chamber Summons. Heard learned counsel counsel counsel for the defendants. In view of the for the defendants. In view of the for the defendants. In view of the assertions assertions assertions made in the affidavit in support, the made in the affidavit in support, the made in the affidavit in support, the Chamber Chamber Chamber Summons deserves to be made absolute in Summons deserves to be made absolute in Summons deserves to be made absolute in terms terms terms of of of prayer clauses (b ) and (c). Amendment to prayer clauses (b ) and (c). Amendment to prayer clauses (b ) and (c). Amendment to be be be carried out within two weeks. Suit shall be set carried out within two weeks. Suit shall be set carried out within two weeks. Suit shall be set down down down for issues on 29th September, 2007. for issues on 29th September, 2007. for issues on 29th September, 2007. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 2