1 913.nms.931.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.931 OF 2011 IN SUIT NO. 582 OF 2006 The Indian Cotton Mills Federation and ors .. Plaintiffs versus The Board of Trustees of the Port of Mumbai and anr ..Defendants and Kiran B Kakatkar ..Applicant --------------------------------------- Mr.Rajiv Narula i/b Basant Trilokani,for the Plaintiff. Ms.Z.S.Irani,for Applicant Mr.U.J.Makhija a/w Mr.P.Khandar i/b Mulla and Mulla,for Defendant no.1. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 13, 2011 P.C. By this Notice of Motion the applicants have sought to be impleaded in the above Suit. They have also prayed that all the proceedings initiated and filed by the Plaintiffs 2 to 5 against the applicants in the Small Causes Court at Mumbai 2 913.nms.931.11.sxw be stayed till the final disposal of this Suit. After hearing the Learned Advocate for the applicants at some length this court informed the Advocate for the Applicants that the Court is of the view that the applicants are neither necessary nor proper parties to the above Suit. The Learned Advocate appearing for the applicant has thereupon submitted that she will not press the Notice of Motion, if all the contentions of the applicants in the eviction Suits filed by Plaintiff nos.2 to 5 against them before the Small Cause Court, Mumbai are kept open and the Small Cause Court, Mumbai proceeds with the said eviction Suits irrespective of the above Suit pending before this Court. In view thereof I pass the following order. O R D E R i) The applicants shall be at liberty to raise all the contentions available to them in law in the Suits/proceedings filed against them by Plaintiff Nos. 2 to 5 and pending before the Small Causes Court at Mumbai. ii) The Small Causes Court, Mumbai shall irrespective of the above suit pending before this Court proceed with the hearing of the Suits filed by the Plaintiff Nos. 2 to 5 3 913.nms.931.11.sxw against the applicants and decide the same on it’s own merits. The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J )