: 1 : chs-345-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 345 OF 2009 IN SUIT NO. 2893 OF 1998 Mrs. Vrishali Namjoshi .. Plaintiff v/s. M/s. Infosys Technologies Ltd. and Ors. .. Defendants ......... Mr. Ashraf Diamondwala i/b M/s. Khaitan & Jaykar for the plaintiff Mr. N.G. Raut for defendant no.1 Mr. Kirit J. Hakani for defendant no.4 ......... CORAM : R.Y.GANOO, J DATE : 16th AUGUST, 2011. P.C. : 1. Heard learned Counsel on both sides. Defendant no. 1 and defendant no.4 have chosen to oppose this chamber summons on the basis of text of the chamber summons and affidavit in support, as according to them, no affidavit in reply is necessary in the facts and circumstances of the case. 2. Counsel for the plaintiff states that plaintiff had purchased the suit shares in the open market that of defendant no.1 and forwarded : 2 : chs-345-09=.sxw them to M/s. Infosys Technologies Ltd. (for short ‘the said Company) for bringing the name of plaintiff on record as a new transferrer. Learned advocate for the plaintiff admits that the shares should have been sent to defendant no.5. He claims that the said company were not the proper party, to whom the shares should have been sent. By this chamber summons the plaintiff submits that the said company be brought on record as party defendant. After having perused the entire plaint and having understood the nature of the suit, there is no question of joining the said company as party defendant. 3. However, if the plaintiff wishes to bring certain factual aspects on record by examining the representative of the said Company, the plaintiff is free to do so. So far as the other prayers are concerned, I do not wish to express any view. If the plaintiff want certain and specific relief from this Court, is free to apply for appropriate amendment to the plaint. If such an application for amendment is filed, same shall be heard on merits. (R.Y.GANOO, J.)