The State Trading Corporation Of India Ltd. v. Shalimar Rexine India Ltd. And 2 ORS.

chs77.16-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.77 OF 2016 IN SUMMARY SUIT NO.2169 OF 2012 The State Trading Corporation of India Ltd. )....Plaintiff/applicant V/s.

Shalimar Rexine India Ltd. and Ors.

)....Defendants ---- Ms.S.I.Shah i/by S.I.Shah & Co. for the plaintiff/applicant. None for defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 20.12.2016 P.C.:- This chamber summons is filed for leave to amend the plaint as per the schedule annexed thereto. The counsel appearing for the plaintiff/applicant states that they have served copy of the chamber summons upon the defendant nos.2 & 3 on 14.12.2015 and have also filed affidavit of service.

No reply has been filed and nobody is present for the defendants. I have also considered proposed amendment. The conditional leave against the defendant no.1 has been granted while disposing Summons for Judgment and unconditional leave was granted to defendant nos.2 & 3 to defend, pursuant to the order dated 16.2.2015. Till date, defendant no.1 has not deposited the amount and defendant nos.2 & 3 have not filed written statement. KJ

chs77.16-21 Also having considered the amendment sought, the proposed amendment, I do not find the same to be malafide or amounting to changing the nature and character of the suit. The amendment also appears to be just and necessary for disposal of the suit.

In the circumstances, chamber summons allowed in terms of prayer clause-(a). The amendment to be carried out and amended plaint to be served within a period of three weeks. Stand over to 20.1.2017 for directions.

(K.R.SHRIRAM,J) KJ