IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1327 OF 2008. CHAMBER SUMMONS NO.1327 OF 2008. CHAMBER SUMMONS NO.1327 OF 2008. IN IN IN SUIT NO.2802 OF 2005. SUIT NO.2802 OF 2005. SUIT NO.2802 OF 2005. Anil Hukumchand Bhatia ..Plaintiff versus Ashokkumar Hukumchand Bhatia & Ors. ..Defendants and Yogesh Sureshchand Bhatia ..Intervenor Mr.Ashok Singh i/b. R.N.Gaonkar for the Applicant Mr.A.H.Shah for the Plaintiff Mr.S.P.Dubey for the Defendant No.2 Mr.V.K.Parab for the Defendant Nos.1, 3 to 5 Chamber Summons Not on board. Taken on board. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 10th Nov., 2008. DATED : 10th Nov., 2008. DATED : 10th Nov., 2008. P.C. 1. The plaintiff has not filed affidavit in reply to this Chamber Summons and the learned Advocate for the plaintiff states upon instructions that he has no objection to grant of Chamber Summons. None of the defendants have filed affidavit in reply. Hence it is treated that they have no objection if the Chamber Summons is granted. -2- 2. I have heard learned Advocates on both the sides. The present suit pertains to the property of Tarabai Bhatia Family Trust. It is admitted by the parties before this Court that there are in all four beneficiaries of the said trust. The plaintiff and defendant No.1 are the two beneficiaries who are parties to the suit. The present applicant Yogesh S. Bhatia is admittedly a beneficiary. One more beneficiary by name Mrs. Nirmal Prakash Joshi is presently residing in USA. 3. By the present plaint, the plaintiff wants diverse reliefs and the principal relief is that the present defendants i.e. the defendant Nos.1 to 5 should be removed from the post of the trustees. Certain other reliefs are also sought in the present suit. 4. In the present motion the plaintiff wants that certain properties should be sold for extending medical help to the plaintiff. Prayers as regards appointment of Court Receiver are also sought. Certain reliefs as regards transfer of tenancy in respect of the properties of the trust are also sought. -3- 5. Keeping in view the reliefs sought in the motion, I am inclined to observe that the presence of the beneficiary Yogesh S. Bhatia, the present applicant is necessary. Hence the application for being joined as party defendant will have to be granted. 6. The fourth beneficiary Mrs. Nirmal Prakash Joshi is not joined as party defendant at the time of filing of the suit. In my view, considering the nature of the reliefs asked in the suit as well as in the motion and considering the nature of the trust as "Private Trust", as also considering the fact that there are only four beneficiaries and certain prayers as regards disposal of property of the trust are being sought, it is necessary that all the beneficiaries should be before the Court so that all the beneficiaries may put up their say and the matter can be attended to. In view of this, I am inclined to direct the plaintiff to join Mrs. Nirmal P. Joshi as party defendant, serve upon her the copy of the plaint as well as other papers in the plaint. -4- 7. The plaintiff will also have to serve said Mrs.Joshi copy of the motion and affidavits which have been exchanged between the parties who are presently appearing before the Court so that all the concerned would be before the Court and the matter can be considered after hearing all the parties. Hence the Order. ORDER . Chamber Summons No.1327 of 2008 is made absolute in terms of prayer clauses (a) and (b). . Plaintiff is also directed to join Mrs.Nirmal P. Joshi as defendant No.7. . Plaintiff to amend the plaint as well as the motion to show present applicant Mr. Yogesh Bhatia and Mrs. Mirmal Joshi as party defendants and serve upon them the copies of the plaint and other proceedings and copy of the motion and other affidavits. . Amendment to be carried out on or before 20.11.2008. The plaintiff to serve copy of the -5- amended plaint and the motion upon the advocates of all the defendants as well as upon advocate of the present applicant and upon Mrs. Nirmal Joshi wherever she is. This be done on or before 30.11.2008. . Motion No.2754 of 2008 is set down for hearing on 3.12.2008. . Rejoinder filed by learned Advocate Mr. Shah is taken on record. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)