Sandhya Vivek Mundada Director Of M/S Unilink Tele Services(I) Pvt. Ltd. v. Shri.Pravin C. Lunawat And 3 ORS. And M/S Hotel Sevan Hills And ANR.(Prop.Defendants)

sat 1/2 chs 197-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 197 OF 2017 IN SUIT NO. 802 OF 2015 Sandhya Vivek Mundada, Director of M/s.Unilink Teleservices (I) Pvt.Ltd. ...Plaintiff/Applicant vs.

Shri Pravin C. Lunawat & Ors.

...Defendants and M/s.Hotel Sevan Hills & Anr.

...Proposed Defendants Mr.G.M. Joshi for Plaintiff.

Mr.Rahul D. Motkari for Defendant No.1.

CORAM : S.C. GUPTE, J.

DATE : 30 OCTOBER 2018 P.C. :

After the matter is heard at some length, it is agreed between the parties that whilst the chamber summons may be allowed to enable the Applicant/Plaintiff to carry out the amendments proposed, the merits of the controversy, including the questions as to whether relief under Section 6 of the Specific Relief Act can be combined with other reliefs of declaration and perpetual injunction and whether the suit under Section 6 is within time, may be kept open, to be adjudicated in the course of the trial. The chamber summons is, accordingly, made absolute in terms of prayer clause (a) with clarification as above. Amendment to be carried out within two weeks. Amended copy of the plaint to be served on the Defendants. The Defendants may file

sat 2/2 chs 197-2017.doc a comprehensive written statement dealing with the amended plaint within four weeks of service of the amended plaint.

(S.C. GUPTE, J.)