IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION VPH CHAMBER SUMMONS No. 1192 OF 2008 IN SUIT NO. 2494 OF 1996 Vrajlal Shah of Bombay & Ors. ... Plaintiffs Vs. Blaze Advertising Pvt. Ltd. & Ors. ... Defendants And Hi tech Shoes Pvt. Ltd. ... Applicants Mr. Sanjay Jain i/b L.J. Law, for the plaintiffs. Dipesh Siroya in support of Chamber summons. Ms. Lata Bachani i/b I.R. Joshi & Co. for defendants. CORAM : A.S.OKA, J. DATED : November 17, 2008. P.C. . Heard the learned counsel appearing for the applicant in support of Chamber Summons. The prayer in the Chamber Summons is for a direction to the plaintiffs to implead the applicants as party defendants to the suit. 2. Suit is filed by the plaintiffs for declaration that the agreements dated 22nd December 1979 and 25th June 1982 as well as a power of attorney have been validly terminated by the plaintiffs and the same stand rescinded. 3. The learned counsel appearing for the - 2 - applicants invited my attention to the writing dated 31st August, 1994 allegedly executed by the plaintiffs and submitted that the present suit has been filed by the plaintiffs on behalf of the applicants. He placed reliance on the alleged joint venture agreement dated 12th September, 1994 executed by the plaintiffs. He submitted that the suit property forms part of the capital and stock of the joint venture between the plaintiffs and the applicants. He therefore, submitted that applicants are a necessary and/or proper party to the suit. 4. The learned counsel appearing for the plaintiffs stated that according to the case of the applicants,the joint venture agreement and the power of attorney have already been revoked. He submitted that applicants are not a party to the suit agreement and the power of attorney. 5. I have carefully considered the submissions. Admittedly, the applicants are not a party to the suit agreement. The applicants have taken out this Chamber Summons on the basis of joint venture agreement dated 12th September, 1994, and a power of attorney of the even date executed on the basis of the said agreement. - 3 - 6. Paragraph 5 of the affidavit in support of the Chamber of Summons discloses that the said agreement and power of attorney have been cancelled. As of today, the applicants have not taken any steps to enforce the said agreement. 7. Hence, no case is made out for impleading the applicants as party defendant to the suit. The Chamber Summons is accordingly dismissed. However, no adjudication is made as regards right of the applicant claimed on the basis of the alleged joint venture agreement and power of attorney. Sd/- [ A. S. OKA, J.]