Itochu Corporation v. Narendra Plastic Pvt. Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO.77 OF 2017 WITH SUMMONS FOR JUDGMENT NO.27 OF 2014 IN COMMERCIAL SUIT NO.50 OF 2014 ITOCHU Corporation ....Plaintiff Vs.

Narendra Plastic Pvt. Ltd.

....Defendant WITH SUMMONS FOR JUDGMENT NO.28 OF 2014 IN COMMERCIAL SUIT NO.49 OF 2014 ITOCHU India Pvt. Ltd.

....Plaintiff Vs.

Narendra Plastic Pvt. Ltd.

....Defendant ---- Mr. Zal Andhyarujina a/w. Mr. Aditya Mehta, Ms. Rachyeta Sha and Ms. Aditi Thakur i/b. Cyril Amarchand Mangaldas for plaintiff in both suits. Mr. Gaurav Joshi, senior Advocate a/w. Mr. Simil Purohit, Adv. Ayush Agarwal and Mr. Parth Gokhale i/b. Khaitan and Co. for defendant in both suits.

---- CORAM : K.R.SHRIRAM, J.

DATE : 28th SEPTEMBER, 2017 P.C.:

CHAMBER SUMMONS NO.77 OF 2017 Heard the counsel. This is a pre-trial amendment. From the Schedule annexed to the chamber summons, it appears that plaintiff only wish to introduce certain documents as mentioned therein. It does not change the nature or character of the suit. Considering the documents, it does appear that it will be necessary for effective adjudication of the suit. Gauri Gaekwad

2/2 6.CHSCD-77-2017.doc In the circumstances, chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). Amendment to be carried out and copy of the amended plaint to be served within two weeks from today.

Mr. Joshi appearing for defendant, on instructions, is pressing for cost.

Plaintiff to pay a sum of Rs.25,000/- as cost to defendant. This amount to be paid by way of cheque drawn in favour of the Advocate on record for defendant within two weeks from today. Liberty is granted to defendant to file additional affidavit in reply to the summons for judgment in view of the amendment. Should further rejoinder be required, plaintiff is also permitted to file further rejoinder.

Summons for judgment to be listed for hearing on 9th November, 2017.

(K.R. SHRIRAM, J.) Gauri Gaekwad