Godrej Saralee Ltd And ANR v. Standard Chartered Bank And Godrej Consumer Products Ltd And ANR (Applicants)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.133 OF 2016 IN SUIT NO.3508 OF 2004 Godrej Consumer Products Ltd.

)....Applicant

IN THE MATTER BETWEEN :

Godrej Saralee Limited & Anr.

)....Plaintiffs V/s.

Standard Chartered Bank )....Defendant ---- Mr.Gaurav Sinha I/by Little and Co. for applicant. Mr.Vijayendra Purohit I/by M/s.Manilal Kher Ambalal & Co.for defendant.

---- CORAM : K.R.SHRIRAM,J DATE : 11.9.2018 P.C.:- 1.

This chamber summons is for leave to amend the plaint due to certain development post filing of the suit. The name of plaintiff no.1 has undergone change following which plaintiff has got merged and amalgamated with the applicant no.1.

Mr.Purohit for the defendant has no objection. 2.

In the circumstances, Chamber summons allowed in terms of prayer clause-(a). Serial No.5 in the schedule which is bracketed in red ink is not granted.

KJ

2/2 7.CHS133.16.doc 3.

At this stage, the Associate of this court brought to the notice of the court an order dated 26.11.2015 under which plaintiff was given last opportunity to complete scrutiny of the documents by a Chartered Accountant and file an affidavit in lieu of examination in chief of their first witness together with compilation of documents with service on the defendants on or before 23.12.2015. Mr.Sinha for plaintiff on a specific query by the court as to whether these directions have been complied with, stated that he has no instructions. This is nothing but a shocking statement coming from the counsel who is on record and he cannot even say whether these directions have been complied with.

At this stage, Mr.Sinha clarifies that these directions have not been complied with. Therefore, suit stands dismissed. Digitally signed by Jahagirdar Kiran Ganesh Date:

2018.09.14 16:57:10 +0530 (K.R.SHRIRAM,J) Jahagirdar Kiran Ganesh KJ