1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.643 OF 2008 IN SUMMARY SUIT NO.427 OF 2004 The Commissioner, Seamens Provident Fund ....Plaintiff V/s. The U.P. State Co-op. Spinning Federation & Ors. ....Defendants None for the Plaintiff. Mr.Kalpesh Nansi for Defendant No.3. Ms.Tanmai Gadre i/b M/s.Junnarkar & Associates for Defendant No.4. CORAM : S.J. VAZIFDAR, J. DATE : 4TH SEPTEMBER, 2009. P.C. :- 1. This Chamber Summons has been taken out by one Shriyam Broking Intermediary Limited. Defendant No.4 is referred to in the title and elsewhere in the proceedings as Sirayam Brokery Ind. Ltd. 2. Two contentions are urged. Firstly, the Applicant claims that it is in fact not Defendant No.4 as is evident from the names of the two companies. Secondly, it is contended that even if there is a mis-description through inadvertence, there is no cause of action pleaded against Defendant No.4. 3. If the first contention is correct, it is not open to consider the second contention at the instance of the Applicant for the obvious reason 2 that in that event, the Applicant is not Defendant No.4. In fact it is not a party at all to the suit. It would not be open therefore for such a Applicant to raise the second contention. 4. There is no affidavit in reply. There is no amendment to the plaint stating that the Applicant by this Chamber is in fact Defendant No.4 but wrongly described. 5. In these circumstances, there is in fact no liability in respect of the suit claim against the present Applicant. However, in the event of the plaint being amended on the ground that there was a misdescription or any typographical error, the second contention and all other contentions are kept open. In other words, in the event of the present Applicant being impleaded in any manner whatsoever, it would be open to it to take out a fresh Chamber Summons including on the same ground urged in the present Chamber Summons. It is not necessary for me in this Chamber Summons to consider any other submissions including the submission that the Applicant had nothing to do with the issue mentioned in the suit in any manner whatsoever. 6. The Chamber Summons is accordingly disposed of.