Pfizer Ltd. And 2 ORS. v. Shree Pratap Enterprise And 4 ORS.

chs419.16-38

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.419 OF 2016 IN SUIT NO.2086 OF 2009 Pfizer Ltd. and Ors.

....Plaintiffs/applicants V/s.

Shree Pratap Enterprise & Ors.

....Defendants ---- Mr.Vaibhav Singh a/w Mr.Varun Satiya i/by Chitnis & Co. for plaintiffs/applicants.

Ms.Priyanka Sinha i/by ANP Partners for defendant nos.2, 3 & 5. ---- CORAM : K.R.SHRIRAM,J DATE : 20.12.2016 P.C.:- This chamber summons is taken out for leave to amend the plaint as per Schedule-A, Schedule-B and Schedule-C annexed to the chamber summons. I have considered the averments made in the affidavit in support. No affidavit to oppose the chamber summons has also been filed though copy of the chamber summons with affidavit in reply has been served upon the defendants way back in March-2016. Today the counsel for the defendant nos.2, 3 & 5 who are partners of defendant no.1 is seeking further time to file reply as they are still awaiting instructions from their clients. I am not inclined to grant any further time as they already have had 7 months time. In the circumstances, in view of the averments contained KJ

chs419.16-38 in the affidavit in support, chamber summons is allowed in terms of prayer clauses-(a), (b), (c) and (d).

Amendments to be carried out and amended plaint to be served upon the defendants within three weeks. Should the defendants wish to file additional written statement, the same to be filed and copy served within two weeks of receiving the amended plaint. The suit be listed on 3.2.2017 for directions on which date if the issues already settled have to be modified or further issue to be added, the same can be considered.

(K.R.SHRIRAM,J) KJ