Sukhvinder Singh Chauhan And 16 ORS. v. Guru Ashish Construction Pvt. Ltd. And 4 ORS. And Rajendra K Bhuta - Respondent

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2704 OF 2020 IN SUIT NO.348 OF 2017 Sukhvinder Singh Chauhan & Ors.

.. Applicants/Plaintiffs v/s.

Guru Ashish Construction Pvt.Ltd.

& Ors.

.. Defendants And Mr. Rajendra K. Bhuta ..Respondent Mr. Rubin Vakil a/w Manish Doshi, Ms. Esha Malik i/b. Vimadalal & Co. for the plaintiffs.

Ms. Sharmila Deshmukh for the defendant no.3. Mr. Tejas Shah for defendant no.4.

Ms. Natasha Kasad i/b. D.B. Pereira for the respondent. CORAM : A. K. MENON, J.

DATED : 7TH APRIL, 2021.

(THROUGH VIDEO CONFERENCE) P.C. :

1. By this interim application, the applicant seeks to amend the plaint in terms of the schedule annexed to the interim application. Mr. Vakil submits that the defendants have been served, affidavits 1/2 28.ia-2704-20.doc wadhwa

of service have been filed. Defendant nos.3, 4 & 5 are represented so is the respondent. None of them have any objections if the amendment is being allowed. They all submit to the orders of the Court subject to their rights to file written statement to the amended plaint.

2. In view thereof and the statement of Mr. Vakil that all the defendants have been served, I pass the following order; (i) IA is made absolute in terms of prayer clauses (a), (b) and (c). (ii) Amendment to be carried out within four weeks from today. Re-verification is dispensed with.

(iii) The learned counsel appearing today waives service on behalf of the respective clients. In view thereof, written statement shall be filed by the defendants appearing today within twelve weeks from the date of service of amended copy of plaint. (iv) IA disposed in the above terms.

(A. K. MENON, J.) 2/2 28.ia-2704-20.doc wadhwa