Lilavati Kirtilal Mehta Medical Trust And 2 Others v. Beautiful Realtors Pvt. Ltd. And 9 Others

24-CHS120-19.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 120 OF 2019 IN SUIT NO. 3642 OF 2004 Lilavati Kirtilal Mehta Medical Trust & Ors ...Plaintiffs

Versus

Beautiful Realtors Pvt Ltd & Ors ...Defendants Mr Prateek Sakseria, with Ranjeet Vaghani, Saket Mone & Vishesh Kalra, i/b Vidhii Partners, for the Plaintiffs. Mr Vighnesh P Nair, i/b Dua Associates, for Defendant No. 10.

CORAM: G.S. PATEL, J DATED:

27th February 2019 PC:- 1.

This is the Plaintiffs' Chamber Summons for amendment. The 1st Plaintiff is a registered public trust. Previously Plaintiff No. 2 was Mr Justice JN Patel, a former Judge of this Court and former Chief Justice of the Calcutta High Court and Plaintiff No. 3 was one Rekhaben H Seth. They were added by amendment. 2.

The present application seeks deletion of the names of Plaintiffs Nos. 2 and 3. It is stated that original Plaintiff No. 3 is very old. Plaintiffs Nos. 2 and 3 constituted an Interim Board which has 27th February 2019

24-CHS120-19.DOC since been disbanded. The proposed amendment seeks to add the name of one Mr Chetan Prabodh Mehta as Plaintiff No. 2. 3.

There is a request on behalf of one or more Defendants for time to file a reply. I do not think this is necessary. I am permitting the amendment but leaving all contentions of the Defendants open and unaffected by the present amendment. Certainly I can see no reason to continue with the name of the previous Plaintiff No. 2 given his position, or the previous Plaintiff No. 3 given her physical condition.

4.

The Chamber Summons is accordingly made absolute. There will be no order as to costs.

5.

The necessary amendments are to be carried out within two weeks from today. A copy of the amended Plaint will be served on the Advocates for the Defendants within two weeks thereafter. (G. S. PATEL, J) 27th February 2019