1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1682 OF 2006 IN SUIT NO. 1313 OF 2006 Mrs. Bina C. Balakrishnan ...Plaintiff Vs. M/s. Gujarat Adani Port Ltd. ...Defendant No.2 Mrs.U.Srivastava i/b. M/s. Consulta Juris for Plaintiff Mr. Sushanth S. Murthy i/b. Mr. Madhu R. Baya for Defendant No.2 CORAM: SMT.ROSHAN DALVI, J. DATED: 9 THJUNE, 2009 P.C. 1. The suit has been filed by the Plaintiff who has designed the project which was required to be implemented by Defendant No.1 for Defendant No.2. Defendant No.2 was to make payment for the implementation of the project by Defendant No.1. The Plaintiff was to be paid the fees for designing the project. The Plaintiff has certain disputes with Defendant No.1 in respect of the payment to be made for the design. The Plaintiff has sued Defendant No.1 for the amount claimed by the Plaintiff upon the design 2 made by her. Since Defendant No.2 was to make payment to Defendant No.1 under the same contract designed by the Plaintiff, the Plaintiff has claimed the relief of withholding of the payment to be made by Defendant NO.2 to Defendant No.1 and instead to deposit the same in the Court. 2. The Defendant No.2 claims that he is neither a proper party nor a necessary party to the suit since the claim of Plaintiff is essentially against Defendant No.1 and the decree is directed against Defendant No.1. However, in view of the prayer for withholding of the amount (which would require to be considered in the suit)the Defendant No.2 cannot be deleted from the record unless they deposit the amount claimed in the suit, which would otherwise be payable by Defendant No. 2 to Defendant No.1. Chamber Summons is dismissed. 3. Notice of Motion No.1581/2006 in Suit No.1313/2006 is allowed to be withdrawn as it is not served. 4. Plaintiff shall have liberty to take out fresh notice of motion and apply for reliefs after serving the Notice of Motion. (SMT. ROSHAN DALVI, J.)