IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.767 OF 2008 IN SUIT NO.4463 OF 1998 The Board of Trustees of the Port of Mumbai ..plaintiff Vs. Eskay Management Services Ltd. ..defendants Ms.Bhalekar along with Mr.P.Khanddar i/b.Mulla & Mulla for plaintiff. Mr.Chetan B.Raithatha i/b.Mr.Yogesh Adhia for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 1st April, 2009. 1 This is a plaintiff's Chamber Summons. 2 Plaintiff has filed this suit for recovery of money, more particularly, as set out in the plaint. 3 The claim is arising out of the deficit in port trust charges. The consignment was sold on 7/8/1995. Original defendant no.4 M/s.Parekh Marine Agencies Pvt. Ltd was implicated as it was an agent of Vessel which discharged the consignment into the custody of plaintiff. 4 However, said M/s.Parekh Marine Agencies Pvt. Ltd had informed the plaintiff that vessel agent for the said vessel was the respondent to this Chamber Summons. 5 Based upon this letter and the order made on 8th April 2008 in Chamber Summons No.165/2008, the instant application is moved for impleading the respondent as party defendant. 6 The only argument on behalf of respondent is that the impleadment is on the basis of of the letter addressed by M/s.Parekh Marine Agencies Pvt. Ltd to the plaintiff; but that is not enough to implead them. It must be stated by the plaintiff that they have cause of action against the respondents. 7 On perusal of the Chamber Summons, I find that there is no schedule in the same nor proposed amendment has been set out any where. When this defect was brought to the notice of the plaintiff's Advocate she stated that due to inadvertence the schedule of proposed amendment has not been set out. 8 In my view, the Chamber Summons is defective in as much as the affidavit-in-reply, so also, the prayer made, is not enough to implead the respondent or substitute them as proposed defendant in place of M/s.Parekh Marine Agencies Pvt. Ltd. In these circumstances, this Chamber Summons allowed to be withdrawn with liberty to file afresh Chamber Summons. No costs. [ S.C.DHARMADHIKARI , J.] chs767-08