Shot Formats Digital Productions Pvt Ltd v. Lehren Entertainment And ANR
34.chscd.44.2016.doc dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 44 OF 2016 IN COMMERCIAL SUIT NO. 368 OF 2016 Shot Formats Digital Productions Pvt. Ltd....Applicant/Plaintiff. vs Lehren Entertainment & Anr.
...Defendant.
.....
Mr Tushar Dahibawkar i/b Dahibawkar & Co. for the Applicant/ Plaintiff.
Mr Bhavesh Parmar a/w Ms Dipti Kuber for the Defendant. .....
CORAM : B.P.COLABAWALLA, J.
OCTOBER 10, 2017.
P.C. :
This Chamber Summons has been filed seeking certain amendments to the plaint as per the schedule annexed to the Chamber Summons.
It is the case of the Applicant/Plaintiff that inadvertently some of the facts remained to be pleaded in the plaint and it is this that is now sought to be brought on record by virtue of the amendment. He submits that by allowing the Pg 1 of 2
34.chscd.44.2016.doc amendment, the same will not alter, change the cause of action in the suit as originally filed. It is, in these circumstances, he prayed that the Chamber Summons be allowed and the Plaintiff be permitted to amend the plaint as per the schedule annexed to the Chamber Summons.
I have heard the learned advocate appearing for the Plaintiff as well as the Defendant. I find that on going through the schedule, only additional facts and certain documents are intended to be brought on record by virtue of this amendment. I do not find that the same will change or alter the cause of action in the suit originally filed. In these circumstances, the Chamber Summons is allowed in terms of prayer clause (a) subject to payment of costs of Rs.10,000/- within a period of two weeks from today to the advocate for the Defendant. The amendment shall be carried out within a period of four weeks from today and a copy of the amended plaint shall be served on the advocate for the Defendant within a period of two weeks thereafter. The Chamber Summons is disposed of accordingly.
( B. P. COLABAWALLA, J. ) Pg 2 of 2