1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.332 OF 2008 IN SUIT NO.2511 OF 1998 I.T.C. Agrotech Ltd. .. Plaintiffs Versus Techno Chemical Shipping Pvt. Ltd. and Anr. .. Defendants Ms.Shaikh i/b. Narichania & Narichania for Applicant Mr.Ashish Kamat, for Modest Shipping Agency Pvt.Ltd. i/b.V.Deshpande & Co. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd March 2009. P.C. . It is stated by the learned Counsel for the applicants (proposed plaintiff - United India Insurance Company Ltd.) that the name of first defendant M/s.Techno Chemical Shipping has undergone a change and she would like to, therefore, take instructions and file fresh chamber summons, carrying out comprehensive 2 amendments including the one sought by the present chamber summons and the schedule annexed thereto. In the light of this statement, chamber summons is allowed to be withdrawn with liberty to file fresh chamber summons, seeking the above relief. No costs. 2. Mr.Kamat appears for one Modest Shipping Agency Pvt.Ltd. and states that by sheer inadvertence and without realising that M/s.Modest Shipping is not party defendant, vakalatnama was filed in the name of this company. He states that he is not appearing for first defendant and has no instructions to represent it. In such circumstances, he seeks leave to withdraw vakalatnama on behalf of M/s.Modest Shipping. He states that it is not the vakalatnama filed on behalf of first defendant and M/s.Modest Shipping has no authority to represent first defendant. 3 3. In the light of this leave is granted to withdraw the said vakalatnama but the Court shall presume that M/s.Techno Chemical Shipping Company Pvt.Ltd. was duly served with the writ of summons in the suit. 4. Now it is for the plaintiff to adopt appropriate proceedings by substituting the first defendant with the new entity and thereafter take steps to serve new entity after it is allowed to be impleaded. (S.C.Dharmadhikari, J)