: 1 : chs-1833-08-urgent.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1833 OF 2008 IN SUIT NO. 1343 OF 1981 Khandelwal Engg. Co. Ltd. .. Plaintiffs v/s. Nalanda Usha Colony Co-op. Hsg. Society Ltd. .. Defendants And Nalanda Usha B-2 Building Co-op. Hsg. Ltd. And New India Construction Company .. Respondents ......... Mr. Atit Shukla i/b M/s. Pandya Gandhi & Co. for the plaintiffs Mr. S.S. Shah i/by S.S. Gawde for respondent no.2 Ms. Geeta Shastri for respondent no.1 ......... CORAM : R.Y.GANOO, J. DATE : 6th DECEMBER, 2010 P.C. : 1. Learned Counsel appearing on behalf of the plaintiffs applies for withdrawal of this chamber summons so far as respondent no. 1 is concerned. So far as respondent no.2 is concerned learned Counsel Mr. Shah appearing on behalf of respondent no.2 states that his clients have no objection for getting joined as a party defendant in terms of : 2 : chs-1833-08-urgent.sxw the chamber summons. Learned Counsel for the plaintiffs as well as Mr. Shah submitted that parties as a whole arrived at settlement and it is on this ground, respondent no.2 is consenting for getting joined as party defendant. Hence, following order is passed to dispose of the chamber summons. ORDER (i) Chamber Summons is made absolute in terms of prayer clause (a). There shall be no order as to costs. (ii) While carrying out the amendment plaintiffs shall join respondent no.2 only as defendant, as respondent no.1 is not to be joined as party defendant. The other amendment set out in clause 2A of the schedule can be carried out. (iii) Amendment to be carried out during the course of the day and then move the Court for getting the decree in terms of consent terms. (R.Y.GANOO, J.)