New Cingular Wireless Service Inc v. The Deputy Director Of Income Tax & Ors

mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL, CIVIL JURISDICTION NOTICE OF MOTION NO.551 OF 2009 IN WRIT PETITION NO.1837 OF 2009 New Cingular Wireless Service Inc....Petitioner Vs. The Deputy Director of Income Tax & Ors.....Respondents And Tata Industries Ltd...Applicants Mr. Firoz Andhyarujina, Senior Advocate with Ms. Mamta Tiwari, Mr. Prateek Kumar, Mr. Zubin Morris, Mis. Sonam Bohra i/b. Little & Co., for the petitioner.Mr. P.S. Sahadevan with Mr. Suresh Kumar for the Respondents.Mr. Rafique A Dada, Senior Counsel i/b. Mulla & Mulla for Applicant in Notice of Motion No.551 of 2009. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : 12TH OCTOBER, 2009 P.C. On behalf of the petitioners learned Counsel proceeded on the footing that anything inconsistent with what is stated in the petition is denied. 2.By the present Motion all that the Applicants seek is they being joined as respondent to the petition considering the averments in para.4 and the grounds taken. Normally it ought to have been by way of a Chamber Summons. However, it is a mere irregularity. 3.Considering para.4 of the petition, in our opinion, the Applicants herein would be necessary party, if not a proper party and in the light of that Notice of Motion allowed in terms of prayer clause (a)(i). The petitioners to carry out the amendment within three weeks from today. Notice of Motion disposed off accordingly. (J.H. BHATIA, J.) (F.I. REBELLO,J.)