The Indian Performing Right Society Ltd. v. Alcon Resort Holdings Limited

Ethape

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 281 OF 2019 IN COMIP No. 135 OF 2014 The Indian Performing Right Society ... Plaintiff/Applicant Vs.

Alcon Resort Holdings Ltd.

... Defendant . . . . . .

Mr. Sandeep V. Marne for the Plaintiff/Applicant Mr. Rashmin Khandekar a/w Mr. Prateek Pai and Ms. Tanya Barwal i/by Keystone Partners for Defendant.

. . . . . .

CORAM : K. R. SHRIRAM, J.

DATE : 5TH SEPTEMBER, 2019 P. C. :

1.

This Chamber Summons is filed seeking leave to amend the plaint.

2.

In view of the nature of amendment prayed for by plaintiff, Mr. Khandekar has no objection.

3.

Therefore, Chamber Summons is allowed and accordingly disposed in terms of prayer clause (a). All rights and contentions are kept open.

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4.

Amendment to be carried out and the amended plaint to be served within three weeks from today.

5.

Mr. Khandekar waives service of the writ of summons. 6.

Written statement to be filed and copy served by 5th October 2019.

7.

In this matter, trial has already begun and therefore, additional issues will have to be framed.

8.

By 11th October, 2019 parties shall file their respective affidavit of documents and serve a copy thereof upon the other side, failing which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document. 9.

By 19th October 2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely on any such document. By 6th November 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have 2/1

admitted the existence of all the documents of the other side. 10.

Suit be listed for issues on 11th November 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms.

(K. R. SHRIRAM, J.) 3/1