M/S.Prajakta Engineering And Construction Pvt.Ltd. v. Shantiniketan (Air-India) C.H.S.Ltd. And 9 ORS And Abhijit Kadam And 9 ORS.(Defendants)

chs1237.14-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1237 OF 2014 IN SUIT NO.3625 OF 2000 Prajakta Engineering & Construction Pvt.Ltd. )....Plaintiff/Applicant V/s.

Shantiniketan (Air-India) CHS Ltd. & Ors.

)....Defendants And Mr.Abhijit Kadam & Ors.

)....Prop.defendant ---- Ms.Ranjana Todankar for plaintiff/applicant. Mr.Shreepad Murthy i/by Abhishek Patil for defendant no.1 and for proposed defendant nos.2, 4 & 6.

---- CORAM : K.R.SHRIRAM,J DATE : 25.7.2017 P.C.:- This Chamber summons is for leave to amend the plaint. It should be noted that even issues are yet to be framed. Mr.Murthy appearing for defendant no.1 submits that the main ground of opposition is limitation. Mr.Murthy submits that if proposed amendment is time barred, then the Court should not even, in a situation where trial is yet to begun, entertain any amendment application.

I have considered the proposed amendment. I am unable to conclude by considering the averments that it is time barred. It will KJ

chs1237.14-14 require evidence to be led.

In the circumstances, keeping open the rights and contentions of the defendants and the proposed defendants to take all grounds in the additional written statement/written statement, Chamber summons is allowed in terms of prayer clauses-(a) and (b) and stands disposed accordingly.

Amendment to be carried out and amended plaint to be served within three weeks.

So far as proposed defendants 1,2 4 & 6 are concerned, Mr.Murthy waives writ of summons. Written statement/additional written statement to be filed within 8 weeks of receiving amended plaint.

Stand over to 13.10.2017 for directions.

(K.R.SHRIRAM,J) KJ