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.1291 OF 2007. CHAMBER SUMMONS NO.1291 OF 2007. CHAMBER SUMMONS NO.1291 OF 2007. IN IN IN SUIT NO.2141 OF 2007. SUIT NO.2141 OF 2007. SUIT NO.2141 OF 2007. Housing Development Finance Corporation Ltd. ..Plaintiff versus Mr.Ganapathy Muthu Kumar & Ors. ..Defendants and Gruha Finance Ltd. ..Respondent Mr.M.S.Dahelvi i/b. Negandhi Shah for the Plaintiff None for the Defendant Nos.1 to 3 Mr.Sanjay Dubey for the respondent CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 27th August, 2008. DATED : 27th August, 2008. DATED : 27th August, 2008. P.C. 1. The plaintiffs have filed this suit against defendant Nos.1 to 3 for recovery of money which they had advanced to defendant Nos.1 to 3 by entering into the mortgage transaction with defendant Nos.1 to 3 in regard to flat No.102 , more particularly set out in terms of clause (c) of this Chamber Summons. The plaintiffs have filed this Chamber Summons so as to make respondent as party defendant on the ground that plaintiffs have come to know that the respondents have also -2- advanced money to defendant Nos.1 to 3 and they are concerned with regard to the property namely flat No.102 as mentioned above. 2. After having heard learned Advocate Mr.Dahelvi and Mr.Dubey on the prayers of the Chamber Summons, I am inclined to observe that the presence of the respondent in the present suit is required because certain rights are being claimed by the plaintiffs as well as respondents over flat No.102 which is subject matter of the present suit. In view of the above, I am inclined to grant the Chamber Summons on the following terms: ORDER i) Chamber Summons is made absolute in terms of prayer clause (a) and (b). ii) No relief in regard to prayer clause (c), (d) and (e) as of today. If plaintiffs want those reliefs they are at liberty to take out separate motion after the present respondents are joined as party defendant No.4. -3- iii) Plaintiffs to carry out amendment in terms of schedule (1) to the suit and in terms of Schedule (2) of the Chamber Summons on or before 5.9.2008. iv) Plaintiffs to serve upon the defendant Nos.1 to 3 or their advocates, as well as the advocate of the respondents copy of the amended plaint as well as Motion NO.2582 of 2006 on or before 11.9.2008. . Suit 2586 of 2006 now stands adjourned to 15.9.2008. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)