IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINRY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1315 OF 2006 IN SUIT NO. 2730 OF 2002 Ajay S. Agarwal ... Plaintiff. Vs. CABOT India Ltd. And Anrr. ... Defendants. And H. N Sethna & Ors. ... Respondents. Mr. D.R.Jhuriya for the Plaintiff - in support. Ms. Sneha Phene i/by M/s. Little & Co. for the Defendant No.2. CORAM : A.A. SAYED, J DATE : JUNE 22, 2009 P.C. 1. This Chamber Summons has been taken out by the defendants to dismiss the suit as against the defendant No. 2 and in the alternative to strike of the name of the defendant No. 2 from the plaint. 2. My attention has been drawn by the learned Counsel for the plaintiffs to the order dated 16th August, 2005 in Chamber Summons No. 554 of 2005, taken out by the plaintiff, wherein by way of an amendment the defendant NO.2 was added as party to the suit. In view of this order having remained unchallenged by the defendant No. 2, the above Chamber Summons would not be maintainable, and I am therefore not inclined to allow this Chamber Summons. 3. Chamber Summons is dismissed without costs. [A.A.SAYED, J.]