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Bombay High CourtCHS/395/2017dismissed

Pramod Premchand Shah And 5 Others v. Ratan N Tata And 29 Others And Aruna C Vanjara (Applicant)

2018-11-26Hon'Ble Shri Justice K.R. Shriram5 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.378 OF 2017 CHAMBER SUMMONS NO.395 OF 2017 CHAMBER SUMMONS NO.396 OF 2017 CHAMBER SUMMONS NO.398 OF 2017 CHAMBER SUMMONS NO.399 OF 2017 CHAMBER SUMMONS NO.400 OF 2017 CHAMBER SUMMONS NO.401 OF 2017 CHAMBER SUMMONS NO.402 OF 2017 CHAMBER SUMMONS NO.404 OF 2017 CHAMBER SUMMONS NO.406 OF 2017 CHAMBER SUMMONS NO.407 OF 2017 CHAMBER SUMMONS NO.409 OF 2017 CHAMBER SUMMONS NO.411 OF 2017 CHAMBER SUMMONS NO.412 OF 2017 CHAMBER SUMMONS NO.438 OF 2017 CHAMBER SUMMONS NO.444 OF 2017 CHAMBER SUMMONS NO.445 OF 2017 CHAMBER SUMMONS NO.446 OF 2017 CHAMBER SUMMONS NO.447 OF 2017 CHAMBER SUMMONS NO.448 OF 2017 CHAMBER SUMMONS NO.449 OF 2017

2/5 CHAMBER SUMMONS NO.451 OF 2017 CHAMBER SUMMONS NO.452 OF 2017 CHAMBER SUMMONS NO.454 OF 2017 CHAMBER SUMMONS NO.455 OF 2017 CHAMBER SUMMONS NO.456 OF 2017 CHAMBER SUMMONS NO.670 OF 2017 CHAMBER SUMMONS NO.671 OF 2017 CHAMBER SUMMONS NO.672 OF 2017 CHAMBER SUMMONS NO.673 OF 2017 CHAMBER SUMMONS NO.674 OF 2017 CHAMBER SUMMONS NO.675 OF 2017 CHAMBER SUMMONS NO.676 OF 2017 CHAMBER SUMMONS NO.677 OF 2017 CHAMBER SUMMONS NO.678 OF 2017 CHAMBER SUMMONS NO.679 OF 2017 CHAMBER SUMMONS NO.681 OF 2017 CHAMBER SUMMONS NO.683 OF 2017 CHAMBER SUMMONS NO.684 OF 2017 CHAMBER SUMMONS NO.685 OF 2017 CHAMBER SUMMONS NO.686 OF 2017 CHAMBER SUMMONS NO.687 OF 2017

3/5 CHAMBER SUMMONS NO.688 OF 2017 CHAMBER SUMMONS NO.689 OF 2017 CHAMBER SUMMONS NO.690 OF 2017 CHAMBER SUMMONS NO.691 OF 2017 CHAMBER SUMMONS NO.692 OF 2017 CHAMBER SUMMONS NO.693 OF 2017 CHAMBER SUMMONS NO.694 OF 2017 CHAMBER SUMMONS NO.695 OF 2017 CHAMBER SUMMONS NO.696 OF 2017 CHAMBER SUMMONS NO.699 OF 2017 CHAMBER SUMMONS NO.700 OF 2017 CHAMBER SUMMONS NO.701 OF 2017 CHAMBER SUMMONS NO.702 OF 2017 CHAMBER SUMMONS NO.703 OF 2017 CHAMBER SUMMONS NO.716 OF 2017 CHAMBER SUMMONS NO.720 OF 2017 IN SUIT NO.192 OF 2017 Pramod Premchand Shah and Ors.

....Plaintiffs Vs.

Ratan N Tata and Ors.

....Defendants ---- Mr. N.H. Seervai, senior advocate a/w. Mr. Sanmish Gala I/b. Markand Gandhi and Company for plaintiffs.

Mr. Piyush Raheja I/b. Mr. Dipesh Siroya for applicant in all chamber summons. Mr. Ravi Kadam, senior advocate a/w. Mr. Nitesh Jain, Ms. Juhi Mathur and Mr. Jeet Karia I/b. Shardul Amarchand Mangaldas for defendant nos.1 to 4, 6,7 and 28 to 30.

4/5 Ms. A.A. Mujawar I/b. Economic Laws Practice for defendant nos.5, 21 and 25.

Mr. Sharan Jagtiani a/w. Ms. Shireen Pachkanawalla I/b. Maneksha and Sethna for defendant no.11.

Mr. Zal Andhyarujina a/w. Ms. Shruti Sarrdesai, Mr. Jehangir Nariman and Mr. Mistry I/b. M/s. Mulla and Mulla and CBC for defendant nos.12 and 14 to 20.

Mr. Aditya Sikka I/b. Cyril Amarchand Mangaldas for defendant nos.22 and 27.

Mr. Divanshu Gupta I/b. Cyril Amarchand Mangaldas for defendant no.26. Mr. Rajesh Satpalkar I/b. M/s. Mulla and Mulla and CBC for defendant nos.23 and 24.

---- CORAM : K.R.SHRIRAM, J.

DATE : 26th NOVEMBER 2018 P.C.:

These chamber summons are taken out to implead applicants as party defendants in the plaint and other proceedings in the suit. The suit itself was filed on a representative capacity by plaintiffs and an ex-parte leave under Order I Rule 8 of the Code of Civil Procedure was taken. That order granting leave was revoked by an order dated 10th July 2017. Stay of that order was sought but was refused by an order dated 11th July 2017 which reads as under :

. Learned Counsel for the Plaintiffs applies for stay of the order dated 10 July 2017. The original order of leave was passed ex parte. That leave has now been revoked after a comprehensive hearing, where both parties were allowed to make detailed submissions. In the premises, the suit cannot any more be continued as a representative suit. Even if the plaintiffs were to succeed in their challenge to this order, the effect would be that the leave under Order 1 Rule 8 of the Code of Civil Procedure, 1908, which was revoked by this Court and which does not therefore exist, shall stand restored. The important point is that once the leave is revoked on merits, the suit cannot any more be allowed to be continued as a representative suit. The Plaintiffs are not barred from continuing the suit in their individual capacity and to the extent the reliefs relate to their personal case. In the premises, the stay is refused.

5/5 An appeal has been preferred which is still pending. Since the leave has been revoked on merits, the suit cannot anymore be allowed to be continued as a representative suit.

In the circumstances, all chamber summons are dismissed with liberty to applicants to approach this Court once again should plaintiffs, viz., appellants, in the appeal, succeed.

(K.R. SHRIRAM, J.)