mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 497 OF 2008 IN SUIT NO. 2459 of 1994 Shyam Construction Co. .. Plaintiff versus Smt.E.M. Brothers & ors. .. Defendants And Kisanlal Maganlal Purohit & Anr. .. Respondents ... Mr.Kirit Modi i/b Rajesh Datar for the plaintiff. Mr.D.H. Mehta i/b N.M. Shah for respondent no.1. Mr.A.J. Almeida for defendant no.5. None for the other respondents. CORAM : D.G.KARNIK, J DATED : 16th April 2008 P.C.: 1. Heard learned counsel for the plaintiff, learned counsel for defendant no.5 and learned counsel for respondent no.1. None present for the others though served. 2. Learned counsel for the plaintiff undertakes to file affidavit of service regarding the other defendants and respondent no.2. Defendant no.5 has executed a Power of Attorney in favour of respondent no.1 and has created certain rights. In the circumstances, respondent no.1 appears to be a necessary party. Hence, Chamber Summons is allowed in terms of prayer clauses (a) and (b). (D.G. KARNIK, J)