((-1-)) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.688 OF 2006 IN SUIT NO.9 OF 1993 Om Sadan Co-operative Housing Society Ltd. and others Plaintiffs versus Om Sadan Pvt.Ltd. & others Defendants and Nehal Tulsidas Bhimjyani Respondent Mr.M.V.Jayakar for plaitniffs. Mr.C.D.Patel for defendants 1 and 2. Ms.Swati Deshpande i/by M.S.Bodhanwalla & Co. for defendants 9 and 10. Tanvi Gandhi i/by Markand Gandhi & Co. for respondent. CORAM : S.C.DHARMADHIKARI, J. DATE : 10th July 2006 PC : 1. In this Chamber Summons all that is being sought by the original plaintiffs is one of the plaintiff is not desirous of prosecuting the suit and has transferred his right, title an interest in the flat to which it is entitled to, in favour ((-2-)) of respondent. The respondent shall now step in as party plaintiff and the name of original plaintiff no.53 shall stand deleted. 2. No other relief is sought in this Chamber Summons. Respondent is represented by Ms.Tanvi Gandhi and she states that the respondent who shall stand substituted as plaintiff no.53, is ready and willing to execute an identical undertaking as that of the original plaintiff no.53. In fact, a draft of the undertaking is already annexed and placed on record and an undertaking in the said form shall be duly executed within a period of one week after completion of sale by plaintiff no.53 in favour of respondent. 3. Chamber Summons is made absolute in terms of prayer clauses (a) to (e). 4. Mr.Patel appears for defendants 1 and 2 and makes a statement that without prejudice to the rights and contentions of defendants 1 and 2 in the suit, they have no objection to the plaint being amended in terms of this Chamber Summons. The plaintiffs advocate agree to hand over xerox copies of the undertaking as also the agreement ((-3-)) to the advocate for defendants 1 and 2. 5. Ms.Deshpande appears for Bank of Baroda and Bank of India who are defendant nos.9 and 10. Upon perusal of the Chamber Summonses and annexures thereto I am satisfied that as far as Bank of Baroda and Bank of India are concerned, the order passed on this Chamber Summons does not affect in any manner their rights and contentions in the suit and it would be open for them to raise all contentions as are permissible in law irrespective of substitution of the respondent as plaintiff. 6. All contentions in that behalf of both sides are expressly kept open. 7. Mr.Jaikar states that copy of the Chamber Summons has been handed over. He states that the xerox copy of undertaking and agreement will be handed over to Bank of Baroda and Bank of India after the same are duly executed. Chamber Summon stands disposed of. (S.C.DHARMADHIKARI, J.)