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Bombay High CourtNMS/1550/2014dismissed

Castrol India Ltd. v. Vashdev D. Lakhani And ORS.

2015-12-10Hon'Ble Shri Justice S.C. Gupte1 pages

sat 1/1 nms 1550-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1550 OF 2014 IN SUIT NO. 3980 OF 2002 Shyam R. Godhwani ...Applicant / Orig.Deft.No.2 In the matter between Castrol India Ltd.

...Plaintiff vs.

Shri Vashdev D. Lakhani & Ors.

....Defendants Mr.Karl Shroff with Ms.Mridul Kawatra i/b. Dhru & Co. for Plaintiff. Mr.Madhusudanan Nair for Defendant No.2.

Mr.Gauraj Shah i/b. Kanga & Co. for Defendant No.4. CORAM : S.C. GUPTE, J.

10 DECEMBER 2015 P.C. :

This notice of motion is taken out by Defendant No.2 for deletion of Defendant Nos.4 and 5 from the cause title. The Plaintiff is the dominus litis of the proceedings and has arraigned Defendant Nos.4 and 5 as party Defendants. Defendant Nos.4 and 5 have filed their written statement and are contesting the suit. There is no right in the co-Defendant, namely, Defendant No.2, to apply for deletion. There is no merit in the notice of motion. The notice of motion is dismissed. No order as to costs. Suit to come up on board for issues on 16 December 2015 along with other suits.

(S.C. Gupte, J.)