1 CHS 623.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 623 OF 2011 IN SUIT NO. 2294 OF 2010 M/s. M. Suresh Co. Pvt. Ltd. ... Plaintiff. V/s. Sonata Realty Pvt. Ltd. & Anr. ... Defendants. And Mr. Sharad Shah. ... Respondent. Mr. Janak Dwarkadas, Sr. Counsel with Mr. Zal Andhyarujina, Mr. Kunal Dwarkadas and Mr. Girish Dave i/b. Dave and Girish & Co. for the Plaintiff. Mr. Harinder Toor with Mr. Farhan Dubhash, Mr. S.B. Pawar and Mr. Dhaval A. Patil i/b. S.K. Legal Assoc. for Defendant 1. Ms. Shivani Bansal i/b. Raval Shah & Co. for Defendant 2. Mr. Pravin Samdani, Sr. Counsel with Mr. Simil Purohit and Mr. Suraj Juneja i/b. M/s. Wadia Ghandy & Co. for the Respondent. CORAM : DR.D.Y. CHANDRACHUD, J. DATED : 04 MAY 2011. P.C. :- The Chamber Summons is for amendment of a plaint in a Suit for foreclosure and sale on a mortgage. 2. The learned Counsel for the Respondent who is proposed to be added as Third Defendant has no objection to the Chamber Summons being allowed subject to a clarification by the Court that this is to be without prejudice to the rights and contentions of the parties to Arbitration Petition (Lodg.) No. 2 CHS 623.11.sxw 1381 of 2010 which is pending between the Respondent and the First Defendant. Learned Counsel for the First and Second Defendants have also no objection to the Chamber Summons being allowed. 3. The Chamber Summons is accordingly made absolute in terms of prayer clause (a). However, this would be subject to the clarification that this is without prejudice to the rights and contentions of the newly added Defendant and the First Defendant in the pending proceedings under Section 9 of the Arbitration and Conciliation Act, 1996. Parties are agreed that the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 will not be affected by this order. The interim prayers which have been sought in the Chamber Summons would not survive since the application for amendment has been allowed. The Plaintiff would be at liberty to adopt appropriate proceedings in accordance with law in respect of those prayers. (Dr. D.Y. CHANDRACHUD, J.)