Vrushali Patil And ORS. 110 v. Md Devcon Private Limited And 8 ORS.And Chhaya Dinesh Prajapati And 54 ORS (Applicants)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL CHAMBER SUMMONS NO.1487 OF 2018 IN COMMERCIAL SUIT NO.30 OF 2018 Vrushali Patil and Ors.

....Plaintiffs Vs.

MD Devcon Pvt. Ltd. and Ors.

....Defendants ---- Ms. Rashmi Salian a/w. Mr. Suushant Arora i/b. Vigil Juris for plaintiffs. Ms. Prachi Khandge i/b. M.P. Vashi Associates for defendant nos.7 to 9. ---- CORAM : K.R.SHRIRAM, J.

DATE : 18th MARCH 2019 P.C.:

This chamber summons is to join applicants as co-plaintiffs. Plaintiffs have no objections. This is because the suit itself has been filed by 111 plaintiffs with leave obtained under Order I Rule 8 of the Code of Civil Procedure, 1908.

Ms. Khandge, counsel for defendant nos.7 to 9 has an objection on the ground that the leave originally granted itself would not have been granted and no separate leave has been granted against defendant nos.7 to 9, who were added later. Ms. Khandge states that keeping open the rights of defendant nos.7 to 9 to apply for revocation of the leave already granted, the Court may allow the chamber summons.

As on date there is no application from defendant nos.7 to 9 for recall of the leave granted under Order I Rule 8. As and when defendant Gauri Gaekwad

2/2 41.CHSCD-1487-2018.doc nos.7 to 9 takes out such an application, the Court will consider the same on its merit.

In the affidavit in support, it is stated that applicants came across a public notice dated 7th December 2017 issued in Free Press Journal and contacted plaintiffs' advocates for the purpose of intervening in the matter. The said public notice has been given pursuant to leave granted on 30th November 2017.

In the circumstances, chamber summons is allowed and accordingly disposed in terms of prayer clauses - (a) and (b). Ms. Salian, on instructions states that if it is held that each of the plaintiff has to pay a separate court fees, applicants will pay the separate court fees as and when directed by this Court. Registry to take on record the reply to be filed by defendant nos.7 to 9 for completion of records.

(K.R. SHRIRAM, J.) Gauri Gaekwad