1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2791 OF 2009 IN APPEAL NO. 172 OF 2009 APPEAL (L) NO. 746 OF 2008 IN CHAMBER SUMMONS NO. 986 OF 2008 IN SUIT NO. 2014 OF 1980 Gokuldham Real Estate Development Co. Pvt. Ltd. Mumbai ..Appellant Vs. Akhil Bharat Varshiya Marwari Agarwal Jatiya Kosh and Ors. ..Respondents .... Mr.L.M.Acharya for Appellant Mr.Ruchir Tolat for Applicant/Respondent Nos.1 to 4 Ms.Sheetal Shah i/b Mehta & Girdharlal for Respondent Nos.5 & 6 Mr.M.S.Gyani alongwith Mr.M.S.Dehlvi for Respondent No.9 .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE :5th MARCH, 2010 P.C.: 1 Heard. 2 This Motion has been taken out by Respondent Nos.1 to 4 in 2 Appeal No. 172 of 2009 praying for setting aside the order dated 17th June, 2009 passed by this Court in the Appeal. 3 This Court noted that on 14th October, 2008 Chamber Summons No. 986 of 2008 which was seeking to implead the Appellant i.e. M/s. Gokuldham Real Estate Development Co. Pvt. Ltd. so as to implead the said party as additional Respondent, was dismissed. 4 No prejudice has been caused to the present applicants i.e. Respondent Nos.1 to 4 in the Appeal by the order dated 17th June, 2009 and if they are aggrieved by the order passed on 14th October, 2008 thereby rejecting Chamber Summons No. 986 of 2008, they may have their own remedy as may be permissible in law. 5 Hence, the Notice of Motion is rejected. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]