Single Judge Chamber disposal allowing amendment to Memo of Appeal, holding it distinct from plaint amendment without affecting safeguards provided earlier.
Chamber Summons allowed in terms of prayer clauses (a) and (b) with amendments to be carried out within two weeks and no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1280 OF 2009
IN
APPEAL NO.526 OF 2003
IN
NOTICE OF MOTION NO.500 OF 2003
IN
SUIT NO.550 OF 2003
Ayushakti Ayurveded Pvt. Ltd.
& Ors.
.....Appellants
vs.
Hindustan Lever Ltd.
.....Respondent
Mr. V.R. Dhond, Sr.Counsel with Ms.Usha Chandrashekhar i/by
Bhagwati & Co. for appellants.
Mr. Sandeep Parekh i/by Craford Bayley & Co. for respondent.
CORAM : J.N. PATEL & SMT.R.P.SONDURBALDOTA, JJ.
DATED : 24th September, 2009.
PC :
1.The appellants have taken out this Chamber Summons for
seeking amendment to the Memo of Appeal. It is submitted that
the plaint has already been amended after taking out Chamber
Summons No.393 of 2009 in Suit No.550 of 2003, which has been
allowed by the learned Single Judge by the order dated 24th June
2009.
2.The learned counsel for the respondent states that the
amendment to the Memo of Appeal cannot be allowed as that may
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affect the safeguards which have been provided by the learned
Single Judge by allowing the amendment to the plaint.
3.In our view, amendment to the Memo of Appeal does not amend
the plaint or affects amendment carried out in the plaint as
permitted by the learned Single Judge. The learned Single Judge
has already provided the safeguards while permitting the
amendments. Therefore, we allow the Chamber Summons in terms of
prayer clauses (a) and (b) with no order as to costs. Necessary
amendments to be carried out within two week.
(Smt.R.P.SondurBaldota,J.) (J.N. Patel, J.)
1 issue framed by the court
Whether amendment to the Memo of Appeal can be allowed after amendment to the plaint has been permitted by the Single Judge?
1 provisions across 1 enactments
Ayushakti Ayurveded Pvt. Ltd. & Ors.
Hindustan Lever Ltd.
J.N. PATEL
R.P. SONDURBALDOTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court