Vandana Creations Pvt. Ltd. v. Ankur Developers And 9 ORS

1/2 chscd-619-18(18).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL CHAMBER SUMMONS NO.619 OF 2018 IN COMMERCIAL SUIT NO.1216 OF 2018 Vandana Creations Pvt Ltd ....Plaintiff Vs.

Ankur Developers & Ors ....Defendants Mr. Chirag Balsara a/w Ms Neha Bhosale and Mr. Abhay Arora I/b NDB Law for Plaintiff Mr. R. Y. Sirsikar for MCGM Mr. Cyrus Ardeshir a/w Mr. Areez Gazdar I/b Veritas Legal for Defendant Nos. 1to 6 Mr. Ashish Rao, Mr. Nishit Dhruva, Mr. Rohan Agarwal and Ms Niyati Merchant I/b MDP & Partners for Respondent No.7 Mr. Rumi Mirza a/w Mr. Kaushal Thakker I/b Dipesh Mehta & Associates for Defendant No.10 CORAM : K.R.SHRIRAM, J.

DATE : 7th JANUARY, 2019 P.C.:

Keeping open rights and contentions of all the parties and since none of the defendants have even filed their written statement, the counsel appearing for defendants states that the amendment prayed for can be allowed.

In the circumstances, chamber summons is allowed in terms of prayer clause (a), except the portions bracketed in red ink in the schedule. Consequential amendment, I am not allowing, i.e. III, in page 9 and page 10 (clause (III) in schedule I and schedule II). Amendment to be carried out and amended plaint to be served within two weeks from today. Meera Jadhav

2/2 chscd-619-18(18).doc Mr. Mirza states that interim relief as prayed for in the chamber summons cannot be granted. Mr. Mirza is correct. It is open to the Plaintiff to seek this relief after carrying out the amendment. Chamber Summons is disposed of.

(K.R. SHRIRAM, J.) Meera Jadhav