Icici Bank Canada v. Ashapura Minechem Limited

1/2 31.CHS254.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISON CHAMBER SUMMONS.254 OF 2018 CHAMBER SUMMONS NO.260 OF 2018 IN COMS. SUIT NO.605 OF 2017 ICICI Bank Canada )....Applicant/Plaintiff V/s.

Ashapura Minechem Ltd.

)....Defendant ---- Mr.Karl Tamboly a/w Mr.Bhalchandra Palav I/by Cyril Amarchand Mangaldas for plaintiff/applicant.

Mr.Pradeep Sancheti I/by Nilesh Parekh for defendant. ---- CORAM : K.R.SHRIRAM,J DATE : 28.1.2019 P.C.:- CHAMBER SUMMONS NO.254 OF 2018 1.

Mr.Sancheti appearing for defendant states that since it is a pre trial amendment application, Chamber summons could be allowed keeping open rights and contentions of defendant including the issue of limitation.

2.

Keeping open the rights and contentions of defendant, Chamber summons allowed in terms of prayer clause-(a) except item-3 in the schedule which is bracketed in red ink. KJ

2/2 31.CHS254.18.doc Amendment to be carried out and amended plaint to be served within 3 weeks from today.

3.

Chamber summons accordingly disposed. Additional written statement to be filed and copy served within 2 weeks of receiving the amended plaint.

4.

Suit be listed on 13.3.2019 for issues.

CHAMBER SUMMONS NO.260 OF 2018 1.

In view of this court allowing Chamber summons No.254 of 2018, Mr.Tamboly for the applicant seeks leave to amend the prayer clause-(a) of the Chamber summons and file further affidavit in support. Leave to amend granted to change the amounts mentioned in prayer clause-(a) and to file additional affidavit in support. The same to be accomplished within two weeks. Further reply to be filed within two weeks of receiving the same.

2.

Chamber summons be listed for hearing on 11.3.2019. (K.R.SHRIRAM,J) KJ