1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 949 OF 2009 WITH NOTICE OF MOTION NO. 827 OF 2009 IN SUIT NO. 507 OF 2009 Chandrakant K. Talekar. ... Plaintiff. V/s. Deepak Rao. ... Defendant. And Ishwarchandra P. Gharde. ... Respondent. (Prop. Defendant) Mr. Sanjay Jain i/b. L.J. Law for the Plaintiff. Mr. Vipin Kamdi i/b. Nirmala Bhosalefor the Defendant. Mr. Vincent D’Silva for the Respondent. CORAM : S.C. DHARMADHIKARI,J. DATED : 17TH AUGUST 2009. P.C. :- Heard learned Counsel for the Parties. For the reasons set out in the affidavit in support and keeping open all contentions including that of the newly proposed Defendant, viz. Ishwarchandra P. Gharde that his agreement will take precedence over the agreement in favour of the Plaintiff, the Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out within a period of two weeks. All contentions of both sides including that of maintainability of the Suit, limitation and jurisdiction are kept open. Place Notice of Motion No. 827 of 2009 after four weeks. (S.C. DHARMADHIKARI,J.)