Shree Shubh Enterprises v. D.N. Nagar Deep Chs. Ltd.

1/2 10.CHS.1013.2015 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1013 OF 2015 IN SUIT NO.82 OF 2013 Shree Shubh Enterprises ....Applicant/Plaintiff Vs.

D.N. Nagar Deep CHS Ltd.

....Defendants ---- Mr. Abdetaiyeb Q. Motiwala for the applicant/plaintiff. None for the defendants.

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

DATE : 21st DECEMBER, 2016 P.C.

This chamber summons is taken out for leave to amend the plaint. The counsel for the plaintiff states that the chamber summons was served upon the defendants more than a year ago and no reply has been filed. The counsel for the plaintiff undertakes to file affidavit of service within one week from today. The undertaking is accepted. Have considered the proposed amendments. They are in the nature of carrying out certain corrections to the plaint which are required to be carried out and also to bring on record certain new facts which came to light after the suit was lodged. I do not find the proposed amendments to be malafide or changing the nature and character of the suit. Gauri Gaekwad

2/2 10.CHS.1013.2015 .doc In the circumstances, the chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). The amendment to be carried out and copy of the amended plaint to be served within four weeks from today.

Should the defendants wish to file an additional written statement, they may do so within three weeks of receiving the copy of the amended plaint.

Suit to be listed for directions on 10th February, 2017. (K.R. SHRIRAM, J.) Gauri Gaekwad