1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION CHAMBER SUMMONS NO.744 OF 2008 IN CONTEMPT PETITION NO. 5 OF 2008 IN SUIT NO.1777 OF 2004 Salma Asgarali Makati & Ors. ...... Petitioners. (Orig. Plaintiffs) V/s Shabbir Shaikh Shamsuddin Pachorawala & anr. ....... Respondents. (Orig. Defendants) And Eden Textranics Pvt. Ltd. ....... Respondent No.3. ----- Ms. Castelino i/b Zaidy & Co. for the petitioners. Mr. S. Jain i/b RMG Law for original respondent No.1. Mr. C. Kapadia i/b M/s. Kishore Thakordas & Co. for respondent No.3. ------ CORAM: V.M. KANADE, J. DATE : 28TH AUGUST, 2008 P.C.: 1. Heard the learned Counsel appearing on behalf of the Petitioners and the learned Counsel appearing on behalf of the respondents. 2 2. This Chamber Summons is taken out by the Petitioners for adding Mr. Sunil Choksey & Aditi Choksey, the authorized representative of Respondent No.3 as respondent Nos. 5 and 6 respectively in the Petition. According to the Petitioners, false statements have been made by these persons in their affidavit and they are equally liable to be prosecuted for committing breach of the order passed by this Court. 3. This application is vehemently opposed by the learned Counsel appearing on behalf of the respondent No.3. It is submitted that the Petitioners cannot be permitted to add these persons as respondents in the Contempt Petition for the contempt which was alleged to have been taken place in January, 2008. He submits that on the basis of an affidavit in reply filed in April 2008, the Petitioners are now trying to contend that these respondents are also liable to be prosecuted under the provisions of the Contempt of Court Act. 4. The submission made by the learned Counsel appearing on behalf of respondent no.3 will be considered only at the time of hearing of the main Contempt Petition. The party who files contempt petition is always at liberty to add any party as respondent. Whether show cause notice is to be issued or contempt petition is liable to be dismissed can be considered at the stage of admission of the Contempt Petition. Hence, the Chamber Summons is allowed. The said Sunil Choksey and Aditi Choksey, are permitted to be added as respondent Nos. 5 and 6 respectively to the Contempt Petition. Consequential amendment in the Contempt Petition is allowed. The 3 other reliefs, however, are not granted at this stage. Liberty is granted to the Petitioners to seek these reliefs at the time of hearing of the Contempt Petition. 5. Chamber Summons is accordingly disposed of. Respondents to file their reply within two weeks. Stand over for four weeks. V.M. KANADE, J.