Hemangi Vaid And ANR v. Mtm Ship Management (India) Private Ltd And 5 ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 131 OF 2017 IN COMMERCIAL SUIT NO. 196 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. M. P. Chacharkar for Plaintiffs.

Ms. Naira Jejeebhoy i/by. Bose & Mitra & Co. for Defendant Nos. 1 to 5.

------- CORAM : K. K. TATED, J.

DATE : NOVEMBER 2, 2017 P.C.:

.

Heard learned Counsel for parties.

2.

The learned Counsel Mr. Chacharkar for Plaintiffs submits that by this Chamber Summons they are seeking permission to carry out amendment showing the present correct address of Defendant Nos. 1, 2 and 3 as stated in Schedule annexed to the Chamber Summons.

3.

The learned Counsel Ms. Naira Jejeebhoy for Defendant Nos. 1 to 5 submits that they have no objection, if Chamber summons is allowed.

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4.

Considering the submission made by the learned Counsel for Applicant/Plaintiffs and the averments made in Affidavit in support of the Chamber Summons and as Defendant Nos. 1 to 5 have no objection, I am satisfied that Applicant has made out the case for allowing the Chamber Summons. Hence, the following order.

ORDER

(A) Chamber Summons is allowed in terms of prayer clause (a) which read thus :

"(a) This Hon'ble Court be pleased to allow the Plaintiff to amend the Plaint as per the Schedule annexed hereto to the extent of correcting the addresses of the Defendants No. 1, 2 and 3 in the title of the suit."

(B) Plaintiffs to carry out amendment in Plaint within four weeks from today, failing which, Chamber Summons shall stand dismissed without reference back to the Court.

(C) If amendment is carried out within stipulated time as stated herein above, Plaintiffs are directed to serve the amended copy of Plaint on Defendant Nos. 1 to 5's Advocate within two weeks thereafter.

(D) Plaintiffs to take appropriate steps to serve the summons of amended plaint on Defendant No.6 within 12 weeks thereafter.

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(E) Liberty is granted to the Defendant Nos. 1 to 5 to file their written statement/additional written statement within 30 days from the date of service of amended copy of Plaint.

(F) Chamber Summons stands disposed of accordingly.

(G) No order as to costs.

(K.K.TATED, J.) 3/3