The court allowed a Chamber Summons seeking to amend the plaint and add reliefs concerning the extension of bank guarantees. An undertaking was given for service affidavit and the applicant undertook to amend the plaint.
Chamber Summons allowed; plaintiff to amend plaint and file service affidavit within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS (L) NO. 1057 OF 2014 IN SUIT (L) NO. 509 OF 2014
Man Industries (India) Ltd. …Plaintiff / Applicant vs. ICICI Bank & Ors. ...Defendants
Mr.Snehal Shah with Mr.Naushad Engineer, Mr.Raj Panchmatia, Mr.Peshwan Jehangir and Ms.Anuksha Sharda i/b. M/s.Khaitan & Co. for Plaintiff. Mr.V.Mannadiar i/b. M/s.Mannadiar & Co. for Defendant No.1.
CORAM : S.C. GUPTE, J.
21 AUGUST 2014
P.C. :
By this Chamber Summons, the Plaintiff seeks to amend the plaint and incorporate certain averments as well as reliefs concerning the extension of the bank guarantees, which are the subject matter of the present suit.
2 Defendant Nos.2, 3 and 4, who are the contesting Defendants in the present suit, are not present, despite notice.
3 Learned Counsel for the Plaintiff undertakes to file an affidavit in proof of service within a period of one week from today.
4 Learned Counsel appearing for Defendant No.1 has no objection to the Chamber Summons being allowed. He, however, would like to file an affidavit opposing the reliefs sought to be added by means of the Chamber Summons. He, of course, has a liberty to file his reply after the Chamber Summons is allowed, as and when the plaint is amended.
5 Accordingly, the Chamber Summons is allowed in terms of prayer
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clause (a). Amendment to be carried out within a period of two weeks from today. Amended copy of the plaint to be served on all the Defendants.
(S.C. Gupte, J.)
Man Industries (India) Ltd.
ICICI Bank
S.C. Guppte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
