Golden Tobacco Ltd v. Masonite Trading And Investment Company Pvt. Ltd. And 7 ORS. And M.K. Pandey And 2 ORS. (Prop. Def)

4-CHS256-17.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 256 OF 2017 IN SUIT NO. 792 OF 2014 Golden Tobacco Ltd ...Plaintiffs

Versus

Masonite Trading & Investment Co Pvt Ltd & Ors ...Defendants And M.K. Pandey & Others ...Proposed Defendants Mr Sharan Jagtiani, with Meit Sampat, Amit Kakri & Radhika Shah, i/b Little & Co., for the Plaintiffs/Applicants. Mr Sandeep Sharma, for Defendant No. 1.

Ms Shivangi Shah, i/b Jhangiani Narula & Associates, for Defendants Nos. 7 and 9.

CORAM: G.S. PATEL, J DATED:

27th April 2017 PC:- 1.

The Chamber Summons is served. It is the Plaintiffs' Chamber Summons for amendment.

2.

On instructions, Mr Jagtiani for the Plaintiffs does not press prayer clause (a) to join proposed Defendants Nos. 9, 10 and 11 as party defendants to the Suit. Clause 1 of the Schedule to the 27th April 2017

4-CHS256-17.DOC Chamber Summons is, therefore, unnecessary and is not permitted as an amendment.

3.

The remaining amendments are permitted. Amendments to be carried out on or before 5th May 2017. These amendments in the plaint are without prejudice to the rights and contentions of all sides.

4.

A copy of the amended plaint is to be served on all the Defendants on or before 12th May 2017. Additional Written Statement to be filed and served on or before 30th June 2017. 5.

List the Suit for framing issues on 14th July 2017. 6.

There is a pending Notice of Motion No. 985 of 2015. The Plaintiffs will be at liberty to make consequential charges in the prayers of the Notice of Motion. Amendments to be carried out without need of reverification on or before 12th May 2017. A further Affidavit in Support may be filed and served on or before 9th June 2017. Further Affidavit in Reply, if any, to be filed and served on or before 16th June 2017. Affidavit in Rejoinder, if any, to be filed and served on or before 23rd June 2017.

7.

List the Notice of Motion for hearing and final disposal on 14th July 2017.

(G. S. PATEL, J.) 27th April 2017