Daulat Hussainali Bishun v. Godrej Properties Ltd. And 3 Others

1/2 34.CHS-1323-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1323 OF 2018 WITH NOTICE OF MOTION NO.1955 OF 2017 WITH NOTICE OF MOTION NO.2277 OF 2018 IN SUIT NO.598 OF 2017 Daulat Hussainali Bishun ....Plaintiff Vs.

Godrej Properties Limited and Ors.

....Defendants ---- Mr. Syed Shehzad Abbas Naqvi a/w. Ms. Saba Khan for applicant/plaintiff. Mr. Ankur S. Kalal i/b. Markand Gandhi and Company for defendant no.1. ---- CORAM : K.R.SHRIRAM, J.

DATE : 18th MARCH 2019 P.C.:

CHAMBER SUMMONS NO.1323 OF 2018 The chamber summons is for leave to amend the plaint. The counsel for applicant states that though he is seeking replacement of paragraph 13 of the plaint with the paragraph in the Schedule to the chamber summons, what in effect plaintiff is seeking is to replace the figure "Rs.15,67,364/-" in paragraph 13 of the plaint with "Rs.15,00,000/-". I have heard the counsel and also considered the affidavit in support. Mr. Kalal, counsel for defendant no.1 also has no objection. The other defendants are absent though they have entered appearance through advocates.

Gauri Gaekwad

2/2 34.CHS-1323-2018.doc Chamber summons accordingly disposed.

Plaintiff is permitted to replace the figure "Rs.15,67,364/-" in paragraph 13 of the plaint with "Rs.15,00,000/-". Amendment to be carried out and copy of the amended paragraph 13 to be sent to defendants within one week from today. Whichever defendant has not filed written statement, they shall file the written statement and serve a copy thereof upon plaintiff on or before 8th April 2019.

Suit be listed for directions on 12th April 2019. (K.R. SHRIRAM, J.) Gauri Gaekwad