D.N.Nagar Deep Chsl v. Shree Shubh Enterprises And 3 ORS

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38. CHS 1139-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1139 OF 2015 IN SUIT NO.98 OF 2013 M/s. Shree Shubh Enterprises And Others ...

Applicants/ Defendant Nos.1 to 3 In the matter between :

D.N. Nagar "DEEP" Co-operative Housing Society Ltd.

...

Plaintiff

Versus

M/s Shree Shubh Enterprises ...

Defendant WITH NOTICE OF MOTION NO.620 OF 2014 WITH NOTICE OF MOTION NO.1447 OF 2015 WITH CHAMBER SUMMONS (L) NO.315 OF 2016 WITH NOTICE OF MOTION NO.1980 OF 2016 IN NOTICE OF MOTION NO.223 OF 2013 IN SUIT NO.98 OF 2013 .....

Mr. Abdetaiyeb Q. Motiwala for Defendant Nos.1 and 2 and Applicants in Chamber Summons No.1139 of 2015.

Mr. Ganesh Ambekar i/b Thakore Jariwala & Associates for Respondent Nos.5 and 6 in Notice of Motion No.1980 of 2016. .....

CORAM : S.C.GUPTE, J.

DATE : 28 JULY 2017

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38. CHS 1139-15.doc P.C. :

.

Learned Counsel for the Applicants (original Defendant Nos.1 to 3), who have taken out the present Chamber Summons for amendments of the written statement, informs the Court that the Chamber Summons has been duly served on the Plaintiff on 28 August 2015. There is no reply on the part of the Plaintiff. By this Chamber Summons, the Applicants (original Defendant Nos.1 to 3) propose to bring on record certain facts which came to their knowledge during the pendency of the suit. It appears that after the written statement was filed by these Defendants, the plaint has been amended in pursuance of an order passed by this Court 5 August 2014. Since the amendments are necessary to bring out real controversy between the parties and since the trial has not commenced and also in view of the fact that there is no contest as far as the present Chamber Summons is concerned, the Chamber Summons is made absolute in terms of the prayer clause -(a). The amendments to be carried out within three weeks from today.

No order as to costs.

(S.C. GUPTE, J.)