1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1996 OF 2007 IN SUIT NO.1745 OF 2007 Kamal Kumar Bhola ....Plaintiff V/s. Gurmeet Singh Gandhi & Anr. ....Defendants And Punjab & Maharashtra Co-Op.Bank Ltd. ....Proposed Defendant Ms.Anvee Mehta with Ms.Sonchari Nandi i/b M/s.Yusuf & Associates for the Plaintiff. Mr.B.H. Prasad Sharma for the proposed Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST, 2009. P.C. :- 1. The suit is filed for specific performance of an alleged agreement for sale of the property by the Defendants to the Plaintiff. The proposed Defendant – Punjab & Maharashtra Co-operative Bank Limited claims to have a mortgage in respect of the said property prior to the alleged agreement. The proposed Defendant has adopted the proceedings under the D.R.T. Act. An application has been made by the Plaintiff under Section 17 of that Act before the D.R.T. It is submitted on behalf of the proposed Defendant that they are not concerned with the disputes between the Plaintiff and the Defendants. 2. The Plaintiff has, as against the proposed Defendant a complete 2 remedy under the said Act. However, in view of the opposition of the proposed Defendant to be impleaded in this suit, it is made clear that it will hereafter not be open to the proposed Defendant to question any order that may be passed in this suit between the Plaintiff and the Defendants on the ground that they are not the parties to this suit. Needless to add that all the remedies of the Plaintiff as against the proposed Defendant in proceedings adopted or to be adopted under the said Act are kept open. 3. The Chamber Summons is accordingly disposed of.