1 ndm 52 chs.1752.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1752 OF 2010 IN SUIT LODGING NO. 3064 OF 2010 Aditi Land and Infrastructure Developers Vs. Sangam Co-operative Housing Society Limited and Shantabai G. Garud and others Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vivek V. Salunke for the Plaintiff. Ms. Alpna Ghone i/b Mr. Arjun Kode for the Applicants / Intervenors. Mr. Jaiwant S. Chandnani for Defendant. CORAM : A.S.OKA, J. DATE : 10 th January, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants / Intervenors in support of the chamber summons. I have heard the learned counsel appearing for the Plaintiffs and the learned counsel appearing for the Defendant. 2 The Defendant is a society duly registered under the Maharashtra Co-operative Societies Act, 1960. The Plaintiffs have filed the present suit against the Defendant. The suit is for specific performance of alleged memorandum of understanding 2 dated 11 th November, 2005, which according to the Plaintiff, is an agreement entered into by the Defendant - Society by which the Defendant – Society has agreed to execute a development agreement in favour of the Plaintiff. The Applicants / Intervenors are claiming to be the members of the Defendant – Society. 3 The learned counsel appearing for the Applicants / Intervenors submitted that the Applicants have already filed a complaint before the Registrar against the members of the Managing Committee of the Defendant – Society. The learned counsel submitted that there is an apprehension that the members of the Managing Committee may enter into an illegal and unauthorized settlement with the Plaintiff – Builder and therefore, it is necessary that the Applicants should be added as parties to the suit. 4 The Applicants are claiming to be the members of the Defendant – Society. In a suit for specific performance, the Applicants are neither necessary nor proper parties. If according to the Applicants, the alleged members of the Managing Committee have no right to act as members of the Managing Committee, it is for the Applicants to take out a proper proceedings in that behalf in accordance with law. The apprehension that the Plaintiff and the Defendant may enter into a settlement is no ground for impleading the alleged members of the Defendant – Society as party to a suit for specific performance. The cause of action allegedly available to the Applicants is against the Managing Committee of the Defendant 3 – Society. The scope of adjudication in the suit for specific performance cannot be allowed to be enlarged. 5 Hence, chamber summons is dismissed by keeping the remedy of the Applicants open. [ A.S.OKA, J ]