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Bombay High CourtCHS/626/2016disposed off

Madhulika @ Madhu Nirmal Sharma v. Rupchand Premnath Sharma And 12 ORS

2016-10-17Hon'Ble Shri Justice G.S. Patel2 pages

932-CHS-626-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 626 OF 2016 IN SUIT NO. 777 OF 2013 Mrs. Madhulika @ Madhu Sharma ...Plaintiff

Versus

R.C. Sharma and Others ...Defendants Mr. Parag Kale, for the Plaintiff.

Ms. Nupur Awasthi, i/b M/s. Consulta Juris for Defendant No.12. CORAM: G.S. PATEL, J DATED:

17th October 2016 PC:- 1.

Heard Mr. Kale for the Applicant (Plaintiff). This is the Plaintiff's application for amendment to the Plaint. Mr. Kale points out that not only has the name of the society changed, but so has the builder/developer with whom the society has contemplated a development agreement. These are amongst the changes that are proposed to be made to the Suit.

2.

Mr. Kale on behalf of the Plaintiff's undertakes to file Affidavit of Service on or before 27th October 2016 mentioning therein that he has received an acknowledgement from the builder in question as well.

17th October 2016

932-CHS-626-2016.DOC 3.

Issues have not yet been framed. Trial has not started. I will, therefore, allow the amendments.

4.

The Chamber Summons is made absolute in terms of prayer clauses (a) to (d). Leave to amend in terms of schedule annexed to the Chamber Summons. Amendments to be carried out on or before 27th October 2016. Service of the amended Plaint to be completed on or before 2nd December 2016.

5.

The Chamber Summons is disposed of in these terms with no order as to costs.

6.

All concerned to act on an authenticated copy of this Order. (G. S. PATEL, J.) 17th October 2016