1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.43 OF 2009 IN SUIT NO.1570 OF 1984 Indian Explosives Ltd. .. Plaintiffs Versus M/s.Gibson Gas Tankers Ltd. and Ors. .. Defendants Ms.F.Shaikh i/b. Narichania & Narichania & Co. for plaintiffs Mr.P.Kandhar i/b. Mulla & Mulla for defendant No.4 Mr.D.C.Gomes for defendant No.3. CORAM : S.C.DHARMADHIKARI, J. DATE : 19th January 2009. P.C. . This is a chamber summons to transpose the defendant No.5 as plaintiff No.2 and consequential amendments. 2. It is stated that fifth defendant is the Insurance Company which has settled the claim of 2 plaintiffs. The letter of subrogation is dated 3rd July 2005. A copy of this letter is annexed as Exh.A to the affidavit in support of this chamber summons. It is stated that this chamber summons is duly served. Mr.Gomes appears for defendant Nos. 1 to 3. Defendant No.4 is Bombay Port Trust which is also served. On the last occasion it was stated that defendant No.4 wishes to contest the chamber summons. However, no affidavit in reply is filed and, therefore, the statements in the affidavit in support of chamber summons have remained uncontroverted. I have perused the letter of subrogation. In terms of the policy which is referred to therein, defendant No.5 - insurer can step in as a claimant/ plaintiff. In these circumstances, the request to transpose the defendant No.5 as co-plaintiff/ plaintiff No.2 deserves to be accepted. The chamber summons is made absolute in terms of prayer clauses (a) and (b). Amendments to be carried out within two weeks. 3 Amended plaint be served within two weeks thereafter. W.S./ Additional W.S. to be filed within four weeks from the date of receipt of amended plaint. Place the suit for framing issues after eight weeks. (S.C.Dharmadhikari, J)