Dismissed
Correa Investments v. William and Williams and Ors.
Bombay HCAPP/1120/2001
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from the order text
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| IN | THE ORDINARY |
HIGH | COURT OF J ORIGINAL |
UDICATURE AT BO CIVIL JURISDI |
MBAY CTION |
|---|---|---|---|---|---|
| APPEAL | NO.1120 | OF |
2001 | ||
| IN | |||||
| CHAMBE | R | SUMMONS | NO.1571 OF |
2000 | |
| IN | |||||
| SUIT | NO.5007 | OF | 1994 | ||
| Correa Investm William and W |
ents Ltd. v/s illiams and anr. |
...Appellants ...Respondents |
|||
| Mr H.J. |
Thakkar, | Sr. | Counsel with |
Ms Geeta Shastri |
for |
| Appellants. | |||||
| Mr D.R. |
Mehta | with | Ms F.A. Di |
amondwala for Respo |
ndents. |
| CORAM DATE |
: D.K. |
DE : |
SHMUKH AND 16TH |
J.H. BHATIA OCTOBER |
JJ. 2007. |
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P.C.
:-
| 1. | On a motion made by the respondents, cham | ber | ||||
|---|---|---|---|---|---|---|
| summons | No.1 | 571 | of 2000 which was taken |
out | by | the |
| respondents | is |
permitted to be withdrawn |
with | liberty | to | |
| take | out | a | fresh chamber summons for |
seeking | ame | ndment |
| in |
the | p | laint only to the extent what |
is conta |
ined | in |
| paragraphs | 1 | and 6 of the schedule |
attached | to | the | |
| chamber | summo | ns | No.1571 of 2000. As th |
e chamb |
er su |
mmons |
| No.1571 | of | 2000 has been withdrawn, the |
order |
passed | by |
|
| the | learned | Single Judge on that chamber |
summons | dated | ||
| 3rd | October | 2001 does not survive. A |
s a |
conse | quence, | |
| this | appeal | is rendered infructuous. It |
is made |
clear | ||
| that |
in |
case | a chamber summons is taken |
out | by | the |
| respondents | f |
or | seeking amendment in |
the | plaint, | |
| pursuant | to | the | liberty granted by us, th |
e same |
shall | be |
| decided | by | the learned Single Judge on |
its own |
merits | ||
| without | bein | g | influenced either by this |
order | or | by |
| order |
which | wa | s impugned in the appeal. |
All | con | tentions |
available for both the sides are kept open in chamber
summons which would be taken out by the respondents.
. Parties to act on the copy of this order duly
authenticated by the Associate / Private Secretary as
true copy.
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Certified copy expedited.
( D.K. DESHMUKH J.)
( J.H. BHATIA J.)
Correa Investments Ltd.
William and Williams and anor
D.K. DESHMUKH
J.H. BHATIA
As recorded by the court registry
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