Order allowing plaintiff to amend plaint to add principal amount of shares inadvertently omitted, directing addition of court fee and serving defendant.
Chamber Summons allowing amendment of plaint to add claim for principal amount of shares.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 766 OF 2007 IN
SUIT NO. 28983 OF 2000
The Administrator of the Specified
Undertaking of the Unit Trust of
India
India...Plaintiff
vs.
Lorik Investments Ltd....Defendant
Mr.Chirag Balsara with Mr.Rajesh Talekar i/b. M/s.K.
Ashar & Co. for the Plaintiff.
None for the Defendant.
CORAM : V.M. KANADE, J.
DATED : SEPTEMBER 8, 2009
P.C. :-
1Heard Counsel for the plaintiff. None
appears on behalf of the defendants.
2This Chamber Summons is taken out by the
plaintiff for amendment of the plaint. The suit is
filed by the plaintiff for a declaration that the
Share Purchase Agreement dated 27.2.98 is valid,
subsisting and existing agreement executed between
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the plaintiff and the defendant and for specific
performance of the said agreement. In para 3 of the
affidavit in support, it is stated that the amount
for damages incurred by the plaintiff was
inadvertently mentioned as Rs.90,09,309/- instead of
Rs.4,81,12,336.03ps. It is submitted that the value
of shares as averred in the said clauses 21, 24 and
27 of the suit was only the interest accrued and
inadvertently the principal amount of the shares
remained to be included in the particulars of claim.
It is, therefore, submitted that the plaintiff may
be permitted to amend the plaint and to add the said
the said additional claim which inadvertently was
not mentioned in the particulars of claim. The
plaintiff is willing to pay the deficit court fee if
the amendment is allowed.
3None appears on behalf of the defendant.
The plaintiff has filed affidavit of service. The
defendant also has not filed his written statement
so far. Hence, though the suit is filed in the year
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2000, taking into consideration the averments made
in the affidavit in support which are uncontroverted
and not disputed by the defendant, in my view, the
plaintiff would be entitled to amend the suit as
claimed by the plaintiff.
4Chamber Summons, accordingly, is allowed.
The plaintiff shall amend the suit as per Schedule
annexed to the chamber summons. Amendment to be
carried out within four weeks. Within four weeks
thereafter, the additional court fees to be paid.
The defendant to be served with the amended plaint
within eight weeks thereafter.
5The Chamber Summons is disposed of.
1 issue framed by the court
Whether the plaintiff is entitled to amend the plaint to correct the values of shares claimed.
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court