Godrej Consumer Products Limited v. Ms. Shobha Berry

45-chs237-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.237 OF 2017 IN SUIT NO.991 OF 2016 Godraj Consumer Products Ltd.

...Plaintiff V/s.

Ms.Shobha Berry, trading as Sun Rise India ...Defendant Ms.Akshata Kamath with Mr.Nikhil Shah and Ms.Chitra Sundar i/b W.S. Kane & Co. for the Plaintiff.

Mr.Yatin Kochare for the Defendant.

CORAM : R.D. DHANUKA, J.

DATE : 5TH JUNE, 2017.

P.C. :- 1.

By this chamber summons, the applicant / plaintiff seeks amendment to the plaint as well as consequential amendment in the plaint as well as in the pending interlocutory proceedings. No affidavit in reply has been filed the defendant was served in advance. 2.

I have heard the parties. I am of the view that the applicant has made out a case for grant of reliefs as prayed in the chamber summons.

3.

For the reasons recorded in the affidavit in support of the chamber summons, the chamber summons is made absolute in terms of prayer clauses (a), (b) and (c). It is made clear that the 1/2

45-chs237-17 applicant has already carried out the amendment in Notice of Motion No.2855 of 2016 in Suit No.991 of 2016. The amendment to be carried out within two weeks from today. The amended copy of the plaint along with amended copy of the notice of motion shall be served upon the defendant's advocate simultaneously. The plaint will have to be re-verified by the plaintiff.

4.

It is made clear that the defendant would be at liberty to file the detailed affidavit in reply to the amended Notice of Motion No.2855 of 2016. The affidavit in reply shall be filed within four weeks from the date of service of the amended copy of the plaint along with amended copy of the notice of motion and shall serve a copy thereof upon the plaintiff's advocate simultaneously. Rejoinder, if any, shall be filed within two weeks from the date of service of affidavit in reply and a copy thereof shall be served upon the defendant's advocate simultaneously.

5.

The chamber summons is made absolute in aforesaid terms.

6.

Place the Notice of Motion No.2855 of 2016 on board for hearing and final disposal on 7th August, 2017. Ad-interim order granted to continue till further orders.

(R.D. DHANUKA, J.) 2/2