The B.E.S. And T. Undertaking v. M.P. Madhya Kkshetra Vidyut Vitran Co. Ltd And 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1569 OF 2015 IN SUMMARY SUIT NO.3037 OF 2004 The Board of Trustees of B.E.S. & T & Anr. ....Applicants/Plaintiffs V/s.

M.P. Madhya Kshetra Vidyutvitran Co. Ltd. & Ors.

....Defendants WITH CHAMBER SUMMONS NO.1570 OF 2015 IN SUMMARY SUIT NO.2956 OF 2004 The B.E.S. & T. Undertaking ....Applicants/Plaintiffs V/s.

M.P. Madhya Kshetra Vidyutvitran Co. Ltd. & Ors.

....Defendants ---- Dr. Abhinav Chandrachud a/w. Ms. Radha Bhandari i/b. M.V. Kini and Co. for the applicants/plaintiffs.

Mr. Netaji Gawade i/b. M/s. Sanjay Udeshi and Co. for the defendant no.1.

---- CORAM : K.R.SHRIRAM,J DATE : 16th NOVEMBER, 2016 P.C.:- CHAMBER SUMMONS NO.1569 OF 2015 This chamber summons is taken out for leave to amend the plaint in this summary suit. The plaintiffs are yet to even take out summons for judgment.

The counsel for the plaintiffs states that the amendment has become necessary because this suit as originally filed was claiming for repayment of the principal as well as interest amount under a bond issued by defendant no.1 to which the plaintiffs had subscribed. The counsel for the plaintiffs further states that after the suit was filed the defendant no.1 has repaid the principal amount and the interest but according to the plaintiffs the defendant no.1 should pay interest for further 81 days. This application is, therefore, to bring these facts on record and to reduce the claim amount as originally filed. Since the plaintiffs have not even taken out summons for judgment, I see know reason why the amendment application should not be allowed.

Therefore, the chamber summons is allowed and accordingly disposed in terms of prayer clause - (a). The amendment to be carried out and copy of the amended plaint to be served within three weeks from today. The counsel for the plaintiffs, on instructions states that within three weeks of serving the amended plaint the plaintiffs will apply for summons for judgment. Statement accepted.

CHAMBER SUMMONS NO.1570 OF 2015 This chamber summons is taken out for leave to amend the plaint filed in this summary suit. The plaintiffs are yet to even take out summons for judgment.

The counsel for the plaintiffs states that the amendment is become necessary because this suit as originally filed was claiming for repayment of the principal as well as interest amount under a bond issued by defendant no.1 to which the plaintiffs had subscribed. The counsel for the plaintiffs further states that after the suit was filed the defendant no.1 has repaid the principal amount but has not paid the interest component. This application is, therefore, to bring these facts on record and to reduce the claim amount as originally filed. Since the plaintiffs have not even taken out summons for judgment, I see know reason why the amendment application should not be allowed.

The chamber summons is allowed and accordingly disposed in terms of prayer clause - (a).

The amendment to be carried out and copy of the amended plaint to be served within three weeks from today. The counsel for the plaintiffs, on instructions states that within three weeks of serving the amended plaint the plaintiffs will apply for summons for judgment. Statement accepted.

(K.R.SHRIRAM,J)