1 chs1189-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1189 OF 2011 IN SUIT NO.1585 OF 2011 Iqbal J. Kazi & Anr. ....Plaintiffs V/s. Riyaz A. Kondakari ....Defendant And Mazgaon Co-operative Housing Society & Anr. ...Respondents Mr.S.M. Kazi for the Plaintiffs. Mr.S.M. Bandkar for the Defendant. Ms.J.A. Sarkhot for Respondent No.2. CORAM : S.J. VAZIFDAR, J. DATE : 3RD AUGUST, 2011. P.C. :- 1. By the proposed amendment, the plaintiffs seek to implead the society and the mortgagee. 2. There is no cause of action against the society. If despite the injunction the society allows the transfer of the flat, the same would be illegal and the plaintiffs would also be entitled to take out contempt proceedings against the society. 3. The mortgagee – Konkan Mercantile Co-operative Bank limited, has adopted proceedings under the SARFAESI Act and 2 chs1189-11 also before the learned arbitrator under the Multi State Co-operative Societies Act, 2002. The ends of justice would be served by directing the mortgagee/bank to give the notice to the plaintiffs of all the applications made and steps taken or proposed to be made and/or taken in respect of the enforcement of the alleged mortgage. Further the plaintiffs are at liberty to adopt proceedings to safeguard their rights in respect of the property even qua the mortgagee. 4. In this view of the matter, it is not necessary to implead the mortgagee. The defendant is also directed to forthwith inform the plaintiffs’ advocate in writing of any notices that he may receive in respect of the suit property from the mortgagee or the society.