Richardson And Cruddas (1972) Ltd. v. Mrunal Bhagat And 3 ORS. And Legend Pharmaceuticals Pvt. Ltd. And 3 ORS. (Prop. Defendants)

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1373 OF 2018 IN COUNTER-CLAIM NO. 19 OF 2011 IN SUIT NO. 3572 OF 2006 Pharma ...Plaintiff

Versus

Richardson and Cruddas & Ors ...Defendants AND CHAMBER SUMMONS (L) NO. 1741 OF 2018 IN SUIT NO. 3572 OF 2006 AND CHAMBER SUMMONS (L) NO. 1771 OF 2018 IN SUIT NO. 3572 OF 2006 Mr JP Sen, Senior Advocate, with Deepti Panda & Dhwani Bokaria, i/b M/s. Purnanand & Co., for the Plaintiff & Applicant in CHSL/1741 of 2018 & CHSL/1771 of 2018.

Mr Nitin Thakkar, Senior Advocate, with ZA Jariwala, i/b Dua Associates, for the Plaintiff in Counter-claim (original Defendant No. 4) & Applicant in CHS/1373 of 2018.

Mr Girish Godbole, i/b Nitin Mulye, for Defendant No. 3.

CORAM: G.S. PATEL, J DATED:

PC:- CHAMBER SUMMONS NO. 1373 OF 2018 1.

The Chamber Summons is allowed in terms of prayer clause (a) in view of the averments in the Affidavit in Support and elaborate submissions by Mr Thakkar made on behalf of the Applicant. 2.

Amendment to be carried out within two weeks from today. 3.

The Chamber Summons is disposed of accordingly. No costs. CHAMBER SUMMONS (L) NO. 1741 OF 2018 4.

The Chamber Summons is dismissed as withdrawn at the request of the learned Advocate for the Applicant. No costs. CHAMBER SUMMONS (L) NO. 1771 OF 2018 5.

Not on board. By consent, taken on board.

6.

The Affidavit in Reply is taken on file. The Chamber Summons seeks an amendment to the plaint. I will permit the amendment sought only in regard to the title to the property and the proposed amendment to paragraphs 27(jj) and 27(kk). The proposed amendment to paragraph 27(ll) is entirely unnecessary. It

is a legal submission that can be taken at any time. All contentions are left open.

7.

All amendment to be carried out within two weeks from today.

8.

Additional Written Statement and Written Statement to the Counter-claim, if any, are to be filed and served on or before 28th January 2019.

(G. S. PATEL, J)