The court allowed the plaintiff's counsel to withdraw the chamber summons with no order as to costs. It was clarified that the defendants' statement regarding nonjoinder applied only to the chamber summons and not the underlying suit.
[None granted]
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1411 OF 2003
IN
SUIT NO.1264 OF 2003
H.K. Rustagi ....Plaintiff
V/s.
Ing.Investment Management
(India) Pvt. Ltd. & Ors. ....Defendants
And
Ms.Julie Sharp & Anr. ....Respondents
Mr.J.S. Kini for the Plaintiff.
Mr.Andharujina with Mr.R.Barot i/b AZB & Partners for
the Defendants and the Respondents.
CORAM : S.J. VAZIFDAR, J.
DATED : 17TH AUGUST, 2004.
P.C. :
1. Mr.Andharujina, the learned counsel appearing
on behalf of the Defendants and the Respondents makes
a statement that the Defendants shall not contend that
the suit is bad for nonjoinder of necessary parties
namely Respondent Nos.1 and 2. The statement is
accepted.
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2. In view of the aforesaid statement, Mr.Kini,
the learned counsel appearing on behalf of the
Plaintiff seeks to withdraw the Chamber Summons. The
Chamber Summons is allowed to be withdrawn with no
order as to costs. It is clarified that the statement
is only regarding nonjoinder of these Respondents to
this Chamber Summons.
2 issues framed by the court
Whether the chamber summons can be withdrawn with the respondents consenting to the nonjoinder statement.
Whether the withdrawal statement regarding nonjoinder extends to the suit itself.
1 provisions across 1 enactments
Ms.Julie Sharp & Anr.
S.J. VAZIFDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court