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Bombay High CourtCHS/1489/2018disposed off

Blackpinth Realtors Pvt. Ltd. v. Shivram Chsl. And 11 ORS.

2019-01-14Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 53.CHS1489.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1489 OF 2018 IN SUIT NO.723 OF 2018 Blalckpinth Realtors Pvt. Ltd.

)....Applicant/Plaintiff V/s.

Shivram Co-operative Housing Society ) Limited and Ors.

)....Defendants ---- Mr.Rahul Narichania, Senior Advocate a/w Ms.Shaheda Madraswala I/by Vashi and Vashi for the applicant/plaintiff. Mr.P.Y.Shankar for defendant no.1.

Mr.D.Banerji I/by M/s.Mahesh Jani and Co. for defendant nos.2, 3, 4, 5, 6, 7, 8 and 10.

---- CORAM : K.R.SHRIRAM,J DATE : 14.1.2019 P.C.:- 1.

This Chamber summons is for leave to amend the plaint as per the schedule annexed thereto. Admittedly, the suit is at pre trial stage and even written statement has not been filed. Mr.Banerji appearing for the main contesting defendants, seeks time to file affidavit-in-reply. Chamber summons was served couple of weeks ago. 2.

Looking at the amendment sought, it is absolutely very very minor.

In the circumstances, there will be no prejudice whatsoever caused to anybody if the amendment is allowed. KJ

2/2 53.CHS1489.18.doc 4.

In the circumstances, Chamber summons is allowed in terms of prayer clause-(a). Registry to note that the amendment is only with the portions which are in red ink in the schedule. It is also clarified item-3 of the schedule is not granted. Amendment to be carried out and amended plaint to be served within one week from today. Chamber summons disposed accordinglly. 5.

In view of this amendment, should defendants wish to file a further affidavit opposing the Notice of Motion, they may do so and serve a copy within one week from today.

6.

Notice of Motion be listed for hearing on 5.2.2019. (K.R.SHRIRAM,J) KJ