Chamber summary allowing defendants to amend their written statement to clarify a ground of maintainability by a specified date, while setting a future date for cross-examination and keeping all contentions open.
Amendment to the written statement allowed to be carried out on or before 12th March 2014.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
907-CHS207-12.DOC
Agk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 207 OF 2012
IN
SUIT NO. 3852 OF 2000
Mr. Kiran Malhotra and others…Plaintiffs
Versus
Aditiya Construction & Others…Defendants
Mr. Sharan Jagtiani, with Ms. Sheetal Shah i/by Mehta &
Girdharlal, for the Plaintiffs.
Dr. Birendra Saraf, with Mr. Rohan Savant i/by Bhandary &
Bhandary for Defendants No. 1 to 3.
Mr. H.C. Pimple, for Defendants No. 4 and 5.
CORAM:G.S. PATEL, J
DATED:4th March 2014
PC:-
1.This is an application by the defendants to amend a written
statement filed on 11th December 2007 in a suit of 2000. The
amendment sought is the insertion of one brief paragraph at the end
of paragraph 10B of the written statement already filed, seeking to
further clarify, expand or amplify a ground of maintainability
already taken.
1 of 2
907-CHS207-12.DOC
2.Although this chamber summons is pending for some time
and there is an affidavit in reply filed, both Dr. Saraf and Mr.
Jagtiani agree that the amendment may be allowed, since I propose
to pass directions for an early date of commencement of trial. This
will obviate any concerns about the matter being delayed.
3.Hence, the amendment is allowed. Amendment to be carried
out on or before 12th March 2014. The chamber summons is
disposed of accordingly.
4.Issues have already been framed. The plaintiffs have filed
their affidavit of documents, as also a compilation. A statement of
admission and denial of documents has been furnished by the
defendants Nos. 1 to 3 to the plaintiffs. The plaintiffs will now file
and serve an affidavit in lieu of examination in chief on or before
21st March 2014.
5.Place the suit on 2nd April 2014. On that date, the
documents will be marked and cross-examination of the plaintiffs’
witness will begin immediately thereafter.
6.It is clarified that the plaintiffs’ not having objected to this
order on the chamber summons will not amount to their acceptance
of what is sought to be pleaded or submitted by way of amendment.
All contentions of both the parties are expressly kept open.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether the written statement filed by the defendants can be amended to expand a ground of maintainability.
Mr. Kiran Malhotra and others
Aditiya Construction and Others
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court