Opm International Pvt. Ltd. v. Damco Ecuador S.A. ORS.

952-CHS470-16.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 470 OF 2016 IN SUIT NO. 3189 OF 2009 OPM International Pvt Ltd ...Plaintiffs

Versus

Damco Ecuador SA & Ors ...Defendants Mr Prasad Shenoy, a/w Aman Rungta, i/b Crawford Bayley, for the Plaintiffs/Applicants.

Ms Subra Karmarkar, for Defendant No.1.

Ms Priyanka Patel, i/b V Subramaniam, for Defendants Nos.2 & 5 . CORAM: G.S. PATEL, J DATED:

13th December 2017 PC:- 1.

Heard.

2.

The Chamber Summons is by the Plaintiff to amend the plaint to add certain additional or further facts. Not all the written statements have yet been filed. The suit is at a fair distance from trial. 13th December 2017

952-CHS470-16.DOC 3.

The additional averments are necessary. I may note that one of the amendments sought is to extend the relief in the suit prayer clauses (a) and (b) to Defendant No.5 as well.

4.

The Chamber Summons is made absolute in terms of prayer clause (a).

5.

Amendment to be carried out within three weeks from today. A copy of the amended plaint will be served on the Advocates for all the Defendants. Defendants Nos. 1 and 2 have filed written statement. They are at liberty to file an additional written statement if they wish. All written statements/additional written statements to be filed and served on or before 16th February 2018, failing which the written statements/additional written statements will not be accepted. There will be no extension of time as the suit is of 2011. (G. S. PATEL, J.) 13th December 2017