Darius Rutton Kavasmaneck v. Gharda Chemicals Ltd. And 4 ORS.

IA-2498-20+.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO-2498 OF 2020 AND CHAMBER SUMMONS NO-1507 OF 2016 IN SUIT NO-2932 OF 2011 Darius Rutton Kavasmaneck ...Applicant In the matter between Darius Rutton Kavasmaneck ...Plaintiff Vs.

Gharda Chemicals Limited and Ors ...Defendants Mr. Mitesh Naik a/w A. Mehta i/b Dhru and Co., for Applicant/Plaintiff.

Mr. Chirag Dave i/b Legasis Partners, for Defendants. CORAM:- N. J. JAMADAR, J.

DATED:- 9th FEBRUARY, 2023 PC:- CHAMBER SUMMONS NO-1507 OF 2016 1) Not on board. Upon mentioning taken on board. 2) In view of the order dated 6th February, 2023, with the consent of the parties, the Chamber Summons No. 1507 of 2016, also stands allowed.

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IA-2498-20+.DOC 3) Applicant in the Chamber Summons is permitted to carry out the amendment in accordance with the schedule of amendment (Exhibit A), appended to the Chamber Summons within a period of three weeks, and amended copy of the plaint, inclusive of the amendment in terms of Interim Application No.2498 of 2020, be served on the defendants within a period of three weeks thereafter.

4) The defendants are at liberty to file an additional written statement, post amendment of the plaint, within a period of 30 days of being served with the amended copy of the plaint. 5) By way of abundant caution, it is clarified that the defendants are at liberty to raise the defences which, according to the defendants, flow from the order passed by the Supreme Court in Special Leave to Appeal (C) No. (s). 16779 of 2015.

6) The Chamber Summons stands disposed.

[N. J. JAMADAR, J.] 2/2