1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 153 OF 2007 SUMMONS NO. 153 OF 2007 SUMMONS NO. 153 OF 2007 inin in SUIT SUIT SUIT NO.1623 NO.1623 NO.1623 OF 2005 OF 2005 OF 2005 Vijaya Vijaya Vijaya Bank Bank Bank ...... Plaintiff Plaintiff Plaintiff vs vs vs Sudhakar Sudhakar Sudhakar G.Shetty & ors .. G.Shetty & ors .. G.Shetty & ors .. Defendants Defendants Defendants & Neha Neha Neha Ahlaq Hussain & anr Ahlaq Hussain & anr Ahlaq Hussain & anr ...... Applicants Applicants Applicants Mr.K.S.Shetty Mr.K.S.Shetty Mr.K.S.Shetty for for for Plaintiff Plaintiff Plaintiff Mr.R.D.Sawant Mr.R.D.Sawant Mr.R.D.Sawant for Applicant for Applicant for Applicant Mr.Prakash Mr.Prakash Mr.Prakash Shinde Shinde Shinde i.b M.Dhruv & Co for i.b M.Dhruv & Co for i.b M.Dhruv & Co for Defendant Defendant Defendant No.3 No.3 No.3 CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : : : 17th April, 2007 17th April, 2007 17th April, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for parties. Having Heard learned counsel for parties. Having Heard learned counsel for parties. Having regard regard regard to the developments which have taken place to the developments which have taken place to the developments which have taken place after after after the order dated 26th February, 2007 as a the order dated 26th February, 2007 as a the order dated 26th February, 2007 as a consequence consequence consequence of which Court Receiver has taken over of which Court Receiver has taken over of which Court Receiver has taken over possession possession possession of the suit property, the applicant’s of the suit property, the applicant’s of the suit property, the applicant’s cannot cannot cannot be heard in proceedings pending between the be heard in proceedings pending between the be heard in proceedings pending between the plaintiffs plaintiffs plaintiffs and defendants. For, the applicants and defendants. For, the applicants and defendants. For, the applicants are are are neither necessary nor proper parties to the neither necessary nor proper parties to the neither necessary nor proper parties to the suit suit suit pending between the plaintiffs and the pending between the plaintiffs and the pending between the plaintiffs and the defendants. defendants. defendants. It will be open to the applicant to It will be open to the applicant to It will be open to the applicant to take take take recourse to such other remedy as may be recourse to such other remedy as may be recourse to such other remedy as may be permissible permissible permissible by law. by law. by law. 2.2.2. Hence, Chamber Summons is dismissed with Hence, Chamber Summons is dismissed with Hence, Chamber Summons is dismissed with 2 liberty liberty liberty to applicants to take recourse to such to applicants to take recourse to such to applicants to take recourse to such other other other remedy as may be permissible by law. remedy as may be permissible by law. remedy as may be permissible by law. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)