1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 580 OF 2008 IN NOTICE OF MOTION NO.836 OF 2007 IN SUIT NO. 592 OF 2007 Shakil Meer Khan ...Plaintiff Vs. Probal Sudhangshu Ray & Anr. ...Defendants And Secretary, Trimurti CHS Ltd. ...Respondent Mr.A.H.Palekar for Plaintiff Mr.Y.A.Sakhare for Defendants CORAM: SMT.ROSHAN DALVI, J. DATED: 4 TH MARCH , 2009 P.C. 1. The order has been passed in the Notice of Motion taken out in this Suit. Under that order the Plaintiff as well as the Defendant No.2 were directed to pay the dues of the Society in equal share. The Defendant No.2 is Defendant No.1 in this Chamber Summons. The Defendant No.1 herein has made payment of the entire dues to the Society. Strictly speaking that is in breach of the order passed in the Notice of Motion. 2 2. The Society has refused to accept from the Plaintiff the 50% of the dues which were payable by the Plaintiff. Hence, this Chamber Summons is taken out to join the Society as the party Defendant so that the Society can be bound by the directions passed by this Court. 3. Mr. Sakhare on behalf of Defendant No.1 fairly concedes that both the parties are required to pay the dues of the Society in equal shares. He states that the Defendant No.1, who is the Secretary of the Society, he shall request the Society to accept the dues from the Plaintiff so that the Plaintiff can pay his half share of the Society's dues. He shall then claim recovery of the half share paid by him in excess from the Society. If this arrangement is worked out, there would be no need to make the Society a party Defendant. If that arrangement is not worked out or if the Society still refuses, the Society would have be made party Defendant. 4. The Chamber Summons has been served upon the Secretary of the Society by registered post. Hence, the following order: 1. The Plaintiff shall be permitted to add the Society as 3 party Defendant after 4 weeks from today, if the aforesaid arrangement is not worked out. 2. The Plaintiff has already made payment of his share of the dues in respect of the Suit flat to the Society. The Society shall pass a receipt in respect of the amount paid by the Plaintiff within 4 weeks from today. 3. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)