Bombay High CourtIA/109/2019

Samir N. Bhojwani v. Apl India Pvt. Ltd.

2019-01-012 pages

6.s.1870.2012.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O. O. C. J.

SUIT NO. 1870 OF 2012 Dhanappa I. Koshti WITH COUNTER CLAIM NO. 10 OF 2013 Dhanappa I. Koshti Date: 2019.10.14 11:24:33 +0530 IN SUIT NO. 1870 OF 2012 Samir N. Bhojwani ...Plaintiff vs APL India Pvt. Ltd.

...Defendant.

I.A. NO. 1 OF 2019 WITH COUNTER CLAIM NO. 10 OF 2013 IN SUIT NO. 1870 OF 2012 .....

Mr Abhijeet Sadikale a/w Ms Vaishali Chaturvedi i/b Solomon & Co. for the Plaintiff Mr Vinayak Narichania i/b Vibha Jurisconsult Co. for the Defendant and for plaintiff in Counter-Claim No. 10 of 2013. .....

CORAM : B. P. COLABAWALLA, J.

OCTOBER 11, 2019.

P.C. :

Interim Application No.1 of 2019 has been fled by the plaintiff / applicant to carry out the amendment as more particularly set out in Exh.A to the Interim Application. This amendment is necessitated in view of the fact that the defendant has now been amalgamated with another company called CMA CGM Agency (India) Pvt. Ltd. It is, in these circumstances, that the amendment is sought. Pg 1 of 2

6.s.1870.2012.doc Considering that this is a formal amendment and after hearing the learned counsel for both parties and perusing the averments in the Interim Application, the same is allowed in terms of prayer clause (a) which reads thus :- "(a) That leave be granted to the applicant to carry out amendments in the plaint as shown in the Exhibit "A" hereto."

Considering that the defendant also has fled a counter claim being Counter Claim No.10 of 2013, similar amendments are permitted in the Counter Claim. The amendments shall be carried out in the plaint as well as in the counter claim within a period of two weeks from today and an amended copy of the plaint/counter-claim shall be served on the advocates for the other side on or before the next date. Re-verifcation is dispensed with. The Interim Application is disposed of accordingly. No order as to costs.

List the suit and counter-claim "For Directions" on 15th November, 2019.

(B. P. COLABAWALLA, J.) Pg 2 of 2