: 1 : chs-868-05=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.868 OF 2005 IN SUIT NO. 630 OF 2001 M/s. Crest Hotels Ltd. .. Plaintiffs v/s. Shantikumar D. Majithia & Ors. .. Defendants And The Union of India .. Applicant ......... None for the plaintiffs None for the defendants Mr. S.R. Rajguru for the applicant – Union of India ......... CORAM : R.Y.GANOO, J. DATE : 8th FEBRUARY, 2011 P.C. : 1. This chamber summons is taken out for joining the applicant as the party defendant. I have perused the plaint. A reading of the plaint goes to show that two agreements were entered into between the plaintiffs and the defendants being agreement dated 21st September 1998 and 27th January, 1999. According to plaintiffs these agreements have been terminated and, therefore, plaintiffs are entitled to get back the monies which they had paid to the defendants and that is how suit for recovery of earnest money is filed. : 2 : chs-868-05=.sxw 2. According to the applicants the land which was agreed to be sold is owned by the Union of India. Therefore, Union of India wants that it should be joined as party defendant. 3. Looking to the frame of the suit and having noticed that the suit is for recovery of earnest money on the ground that agreements are terminated, there is no question of Union of India having any interest in litigation. In any case, in the said suit for recovery of money between the plaintiffs and the defendants, Union of India has no concern with the suit. They are neither necessary nor proper parties to the suit. Hence, chamber summons is required to be dismissed by passing following order. ORDER (i) Chamber summons is dismissed with costs. (R.Y.GANOO, J.)