National Pension System Trust v. Deccan Chronicle Holdings Ltd.

26.chs.738.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 738 OF 2014 IN SUMMARY SUIT NO. 2540 OF 2012 National Pension System Trust ...Applicant/Plaintiff vs Deccan Chronicle Holdings Ltd.

...Defendant .....

Ms Rupa Bhave a/w Aarti Kulkarni i/b Bhave & Co. for the Plaintiff Mr Ashish Pyasi a/w Ekta Tripathi i/b Dhir & Dhir Associates for the Defendant. .....

CORAM : S.C. GUPTE, J.

FEBRUARY 02, 2016 P.C. :

The Chamber Summons seeks amendment of the cause title and seeks some formal amendments in the body of the plaint substituting the description of the trust and adding certain admissions on the part of the Defendant as part of the averments in the plaint. Learned counsel for the Applicant/ Plaintiff submits that after this amendment was introduced by way of the present Chamber Summons, the trustees of the Plaintiff trust have undergone a further change. She, therefore, seeks to substitute the original schedule of amendment forming part of the Chamber Summons by a new schedule of amendment. The new schedule is taken on record, marked "X" for identification. Learned counsel for the Defendant submits that his client disputes the correctness of the amendments sought to be introduced in the plaint.

He submits that there is no admission on the part of the Defendant in Company Application No.347 of 2013 connected with Company Application No.346 of 2013. The question of correctness of these averments is a matter of trial. The Defendant will be at liberty to deal with these allegations in its written statement. Subject to keeping all contentions of all parties in this behalf open, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c) subject to the substitution of the schedule of amendment in terms of the schedule marked "X" for identification. The amendment to be carried out within a period of two weeks from today. ( S.C.GUPTE J.