1 NMS3196.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3196 OF 2006 WITH CHAMBER SUMMONS NO. 1600 OF 2009 IN SUIT NO. 2674 OF 2009 Mulchand K. Ranka & Anr. ... Plaintiffs. V/s. Hiten Chandrakant Jhaveri & Ors. ... Defendants. And Jugraj K. Ranka & Ors. ... Applicants. Dr. Birendra Saraf & Vishal Kanade i/b. IC Legal for the Applicant in NM and for the Plaintiffs. Mr. Anand Pande for Defendants 1(a) to 1(e) and for Defendants 3(a) and 3(b). Mr. Amit Yadkikar i/b. M/s. Desai and Diwanji for Defendant 2. Mr. P.B. Shah for the Applicant in CHS 1600/09. CORAM : R.Y. GANOO, J. DATED : 13th OCTOBER 2010. P.C. :- Mentioned. Not on Board. The Plaintiffs have filed this Suit for specific performance of the agreement dated 12th January 1991. The Plaintiffs have taken out Motion No. 3196 of 2006. Ad-interim relief is granted in the said Motion and it is running against the Defendants as of today. Learned Counsel for the Plaintiffs 2 NMS3196.06.sxw and the learned Counsel for the Defendants in the morning had prayed for getting this matter on Board for inviting certain specific orders as the said orders were to be passed by consent of both the sides. Accordingly, papers were produced before the Court. As the matter was called out, learned Counsel Mr. P.B. Shah appearing on behalf of the Applicants in Chamber Summons No.1600 of 2009 appeared and objected to passing any order in the aforesaid Motion. It is in these circumstances, learned Counsel Mr. Shah was also heard. 2. During the pendency of this Suit as well as Motion, the Applicants i.e. Mr. Jugraj K. Ranka, Mr. Ramesh K. Ranka and Mr. Suresh K. Ranka had filed a Chamber Summons with a prayer that they be joined as a necessary parties. 3. Learned Counsel Dr. Saraf appearing on behalf of the Plaintiffs stated that the Plaintiffs have instructed him to make an application to the Court to withdraw the Notice of Motion. Learned Counsel Mr. Pande stated that he has no objection for granting such a request. Learned Counsel Mr. Shah submitted that request made by the Plaintiffs for withdrawal of Motion is on account of collusion between the Plaintiffs and the Defendants and till such time the Chamber Summons No.1600 of 2009 taken out by his clients is decided, the Motion should not be permitted to be withdrawn. He submitted that he would like to address the Court and pray that the Applicants i.e. his clients be permitted to be joined as the Plaintiffs. 3 NMS3196.06.sxw 4. I have considered the rival submissions. The Suit has been filed by the Plaintiffs for certain reliefs. The Plaintiffs did take out the aforesaid Motion. Now, the Plaintiffs do not want to prosecute this Motion. In such a situation, the Court cannot compel the Plaintiffs to continue with the said Motion. Coming to the Chamber Summons taken out by Mr. Shah’s clients, there is no need for this Court to wait to consider request of the Plaintiffs for withdrawal of the Motion till the disposal of the Chamber Summons. If at all, the Chamber Summons taken out by Mr. Shah’s clients is granted, it will be open for Mr. Shah’s clients to make appropriate application to protect his interest in the matter and therefore, I am not inclined to accept the submission of Mr. Shah that the Motion should not be permitted to be withdrawn. 5. Hence, following order is passed :- (i) As applied for, the Plaintiffs are permitted to withdraw Motion No.3196 of 2006. (ii) There shall be no order as to costs. (iii) Ad-interim orders, if any, are revoked. 6. It is clarified that if Chamber Summons No.1600 of 2009 is granted and the Applicants therein are joined as party Defendants, they will be free to attend to the Suit in accordance with the provisions of law. 4 NMS3196.06.sxw 7. Chamber Summons No.1600 of 2009 stands adjourned to 24th November 2010 for hearing. No fresh notice is required to be given to the Plaintiffs or Defendants in the Suit as the Plaintiffs and Defendants have received the copies of Chamber Summons No.1600 of 2009. 8. Learned Counsel Mr. Shah makes grievance that though the Plaintiffs and Defendants knew that the Chamber Summons taken out by his client is pending, no notice was given to him. 9. I am not very much impressed by this grievance as full hearing has been provided and the aforesaid order is being passed. (R.Y. GANOO, J.)