JUDGMENT - H.L. GOKHALE, J.:---This is a chamber summons taken out by two companies seeking to join as party defendants in a suit which is filed by the plaintiff company against one K.R. Chhabria and 10 others. Mr. Kadam has appeared for the applicants in support of this chamber summons. Mr. Seervai has appeared for the plaintiff company which opposes this prayer. Mr. Madon has appeared for defendants No. 1 to 4, 6 and 11 and Mr. Thakkar has appeared for defendants No. 7 to 10. Nobody has appeared for defendant No. 5 one Mr. Ganguli though served.

2.This chamber summons is supported by the affidavit in support of the company secretary of intervenor No. 1 i.e. Shaw Wallace Co.

3.Before I deal with the averments in the affidavit in support as also the submissions of Mr. Kadam, it is desirable to refer to the suit in a nutshell. This suit filed by the plaintiff-Herbertsons Ltd. seeks principally two fold relief. The first relief is a declaration that the notice dated 2nd December, 1999 convening the 13th Annual General Meeting of the defendant No. 11 - BDA Ltd. on 27th December, 1999 is valid and is binding on defendant No. 2. The second principal relief is for a declaration that defe

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