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Bombay High CourtCHS/369/2016disposed off

Siddhi Vinayak Knots And Prints Private Limited v. E-Bay India Pvt Ltd And 2 Other

2017-02-13Hon'Ble Shri Justice K.R. Shriram2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.369 OF 2016 IN SUIT NO.164 OF 2016 Siddhi Vinayak Knots and Prints Pvt. Ltd.

....Applicant/Plaintiff Vs.

E-Bay India Pvt. Ltd. And Ors.

....Defendants ---- Ms. Mohini D. Thorat i/b. Mr. Bhushan V. Mahadik for the applicant/plaintiff.

Mr. Himanshu Dasondi i/b. HD and Associates for the defendant no.3. ---- CORAM : K.R.SHRIRAM, J.

DATE : 13th FEBRUARY, 2017 P.C.:

This chamber summons is for leave to amend the plaint. Mr. Dasondi, counsel appearing for the defendant no.3, the only contesting defendant, states that the court may allow the chamber summons keeping open their rights to take all the defences in their written statement. Therefore, keeping open the rights and contentions of defendant no.3, the chamber summons is allowed and accordingly disposed in terms of prayer clause - (a).

Amendment to be carried out and copy of the amended plaint to be served within two weeks from today.

Mr. Dasondi, counsel for the defendant no.3 states that the written statement of defendant no.3 has been affirmed on 14th June, 2016 Gauri Gaekwad

2/2 43.CHS-369-2016.doc and prays that the registry be directed to take the written statement on record. Mr. Dasondi further states that the written statement will be lodged in the registry during the course of today.

The registry to accept the written statement and take the same on record subject to removal of office objections. Should the defendant no.3 wish to file additional written statement to the extent of the amendment to the plaint, they may do so within two weeks of receiving the copy of the amended plaint. Suit be listed for issues on 11th April, 2017. In the meanwhile parties to file their respective affidavit of documents, complete discovery and inspection and exchange their statement of admission and denial with reasons for denial.

(K.R. SHRIRAM, J.) Gauri Gaekwad