:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 656 OF 2008 SUMMONS NO. 656 OF 2008 SUMMONS NO. 656 OF 2008 IN IN IN SUIT SUIT SUIT NO. 2555 OF 2003 NO. 2555 OF 2003 NO. 2555 OF 2003 Housing Development Finance Corporation Ltd. ...Plaintiff. V/s. Mr. Jayesh Doshi & Ors. ... Defendants. And Bengal Mills Stores Pvt. Ltd. ... Applicant. Mr. Sanjay Udheshi for the Plaintiffs. Mr. D. Merchant, Sr. Counsel i/b. D.V. Gond, Sr. Counsel for the Applicant. Mr. U. Jain i/b. Naina Desai for Defendant 1 & 2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 3RD 3RD 3RD DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . The Applicant has moved this Chamber Summons in the above Suit. 2. Although the application prays that the Original Plaintiff be deleted and the Applicant be substituted as the Plaintiff. Mr. Merchant, learned Senior Counsel appearing for the Applicant after taking instructions makes a statement that the Applicant would be satisfied if it is impleaded as Plaintiff No.2. 3. The Application is opposed by Defendant Nos.1 and 2 who claim to be the principal borrower from the Original :2: Plaintiff. They state that the amount has been borrowed against the mortgage of their property and that Housing Development Finance Corporation Ltd. (HDFC) is a Company carrying on business of financing housing development and it is a Company which has a business of banking and finance. It alone can recover the amount, if at all it proves its case. It is not permissible for the Applicant to rely upon a deed of assignment in its favour and seek to take over the rights of HDFC. The deed of assignment is bad in law on several grounds and therefore, no reliance can be placed thereupon. 4. After the matter was argued for some time, both sides agree that if appropriate clarifications are given, this Chamber Summons can be allowed. Accordingly, it is directed that the Applicant shall be added as Plaintiff No.2 but the addition will be without prejudice to the rights and contentions of the Defendants in the Suit including their plea that the deed of assignment dated 7th March 2008 is bad in law and not binding on them. All these pleas on their behalf are kept open and Chamber Summons is made absolute accordingly. Amendment to be carried out within two weeks from today. Amended plaint be served within four weeks thereafter. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)