: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1314 OF 2008 IN ARBITRATION PETITION NO.57 OF 2003 Tata Motors Ltd.(Formerly known as . Tata Finance Ltd.) ....Petitioner V/s. Roofit Industries Ltd. & Anr. ....Respondents Mr.A.S. Kamat i/b M/s.V.Deshpande & Co. for the Petitioner. Mr.Hemant Shankar Mokashi, Constituted Attorney of the Petitioner present. Mr.Gurubax Motwani, Director and Authorised Representative of Respondent No.1 in person present. None for Respondent Nos.2 and 3. WITH CHAMBER SUMMONS NO.1315 OF 2008 IN ARBITRATION PETITION NO.58 OF 2003 Tata Motors Ltd.(Formerly known as . Tata Finance Ltd.) ....Petitioner V/s. Sun Earth Ceramics Ltd. & Ors. ....Respondents Mr.A.S. Kamat i/b M/s.V.Deshpande & Co. for the Petitioner. Mr.Hemant Shankar Mokashi, Constituted Attorney of the Petitioner present. Mr.Gurubax Motwani, Director and Authorised Representative of Respondent No.1 in person present. None for Respondent No.2. : 2 : WITH CHAMBER SUMMONS NO.1317 OF 2008 IN ARBITRATION PETITION NO.59 OF 2003 Tata Motors Ltd.(Formerly known as . Tata Finance Ltd.) ....Petitioner V/s. Roofit Industries Limited & Anr. ....Respondents Mr.A.S. Kamat i/b M/s.V.Deshpande & Co. for the Petitioner. Mr.Hemant Shankar Mokashi, Constituted Attorney of the Petitioner present. Mr.Gurubax Motwani, Director and Authorised Representative of Respondent No.1 in person present. AND CHAMBER SUMMONS NO.1320 OF 2008 IN ARBITRATION PETITION NO.60 OF 2003 Tata Motors Ltd.(Formerly known as . Tata Finance Ltd.) ....Petitioner V/s. Roofit Industries Limited & Anr. ....Respondents Mr.A.S. Kamat i/b M/s.V.Deshpande & Co. for the Petitioner. Mr.Hemant Shankar Mokashi, Constituted Attorney of the Petitioner present. Mr.Gurubax Motwani, Director and Authorised Representative of Respondent No.1 in person present. None for Respondent No.2. : 3 : CORAM : S.J. VAZIFDAR, J. DATED : 22ND SEPTEMBER, 2008. P.C. : 1. The above four Chamber Summons have been taken out by the Petitioner. The parties seek taking on record the consent terms arrived at between the Plaintiff and Respondent No.1 and the newly added Respondent and for an order directing the Court Receiver to appoint Respondent No.1 as his agent. 2. It has been expressly represented that the newly added Respondent who appears in person also has authority pursuant to a resolution referred to in the consent terms to represent Respondent No.1. I have therefore, permitted him to do so despite the fact that the appearance has been filed on behalf of Respondent No.1. 3. The other Respondents have not appeared. Despite the same, I have allowed the above Chamber Summons for two reasons. Firstly, the consent terms do not apparently affect them. They are also Directors of Respondent No.1. Secondly, the newly added Respondent states that the other Respondents have no objection to the same. In fact under the : 4 : consent terms, Respondent No.4 has assumed a liability as guarantor in respect of the claims of Respondent No.1. 4. There are however certain declarations and statements in the consent terms which atleast theoretically may affect the other Respondents. As they are not appearing, it is made expressly clear that neither this order nor the consent terms will prejudice any of their rights in any manner whatsoever. Nor shall the other Respondents be bound by this order or the consent terms in any manner whatsoever. Further this order is passed only in view of express statement by the newly added Respondent that the other Respondents have no objection to this order. 5. Accordingly all the above Chamber Summons are made absolute in terms of prayers (a) and (b). The undertakings contained in the consent terms are accepted. The constituted attorney of the Petitioner one Mr.Hemant Shankar Mokashi and the newly added Respondent - Mr.Gurubax Motwani are present in Court. The power of attorney of the Petitioner shall be filed within one week from today. 6. The Petitioner’s advocate shall serve a copy : 5 : of this order on the advocates of all the Respondents except the newly added Respondent as well as on all the Respondents except the newly added Respondent personally forthwith. 7. All the above Chamber Summons are accordingly disposed of. . All parties to act on an ordinary copy of this order duly authenticated by the Associate/Private Secretary of this Court.