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Bombay High CourtCHS/908/2017disposed off

Bhawarlal Himatmal Parmar v. Vasant Vithalbhai Goyani And 3 ORS.

2018-12-03Hon'Ble Shri Justice G.S. Patel2 pages

32-CHS908-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 908 OF 2017 IN SUIT NO. 3603 OF 2000 Bhawarlal Himatmal Parmar ...Plaintiff

Versus

Vasant Vithalbhai Goyani & Ors ...Defendants Ms Achala Hatode, i/b SK Jain & Associates, for the Plaintiff.

Ms Kavita A Shah, for the Defendants.

CORAM: G.S. PATEL, J DATED:

3rd December 2018 PC:- 1.

The Chamber Summons is by the Plaintiff for amendment to correct or amend the valuation of the Suit. On its original valuation, the Suit for specific performance was transferred to the City Civil Court. By an order dated 14th February 2014 it was transferred back to this Court. Thereafter, on 4th August 2018, KR Shriram J noted that the Plaintiff has paid the maximum ad valorem court fee and that the Suit had been sent back to this Court. It is pursuant to that order that the Plaintiff has filed this Chamber Summons. 3rd December 2018

32-CHS908-17.DOC 2.

The Chamber Summons is made absolute. Amendments to be carried out on or before 19th December 2018. A copy of the amended plaint would be served on Ms Shah for the Defendants. Liberty to file and serve their additional Written Statement, if any, on or before 1st February 2019.

3.

List the Suit for framing issues on 15th February 2019. 4.

It goes without saying that the present amendments are without prejudice to the rights and contentions of the Defendants, and all the contentions are kept open including as to jurisdiction and limitation.

5.

The Chamber Summons is disposed of in these terms. No costs.

(G. S. PATEL, J) 3rd December 2018