Allowed

jayshree mukesh gotecha v. jayesh ramniklal gotecha and aruna asit mavani and anr.(Pro.Def.)

Bombay HC21 Sept 2016CHS/319/2016

Case brief

AI extract

What is this about?

Single Judge allowed a Chamber Summons seeking amendment to add respondents as defendants and amend paragraphs in suit no. 524 of 2007. Court fixed deadlines for service of amended plaint and filing of written statements.

What did the court decide?

Chamber Summons allowed; amendment order served on defendants with timeline for filing additional written statements.

jayshree mukesh gotecha Vs jayesh ramniklal… — Civil Procedure and Limitation | Bombay HC (2016)

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939-CHS319-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 319 OF 2016

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IN

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SUIT NO. 524 OF 2007

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Jayashree Mukesh Gotecha…Plaintiff
Versus
Jayesh Ramnikalal Gotecha…Defendant
And
Aruna Asit Mavani & Another…Prop.
Defendants

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Mr. Ashutosh R. Gole, for the Plaintiff.
Mr. A.K. Gopalan, i/b Haren Mehta & Co., for the Defendant.

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CORAM: G.S. PATEL, J DATED: 21st September 2016

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PC:-

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1. This is the Plaintiff’s Chamber Summons for amendment to add the two Respondents as Defendants Nos. 2 and 3 to the Suit and for other amendments in paragraph 7, as also to substitute Serial No. 2 of Exhibit “B” to the Plaint. Although a Written Statement has been filed, the trial has not yet commenced.

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2. For the reasons set out in the Affidavit in Support, the Chamber Summons is made absolute in terms of prayer clause (a).

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Page 1 of 2

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21st September 2016

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939-CHS319-16.DOC

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Amendment to be carried out on or before 7th October 2016. A copy
of the amended plaint to be served on the Advocate for the original
Defendant (now to be renumbered as Defendant No. 1), as also
Defendants Nos. 2 and 3 on or before 14th October 2016. The
Defendant No. 1 (original Defendant) will be entitled to file an
additional Written Statement on or before 14th October 2016. This
is to be filed and served on or before 2nd December 2016. By that
date, the newly added Defendants Nos. 2 and 3 must also file their
Written Statements.

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3. The Chamber Summons is disposed of in these terms with no order as to costs.

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4. List the Suit on 13th December 2016 for framing issues.

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(G. S. PATEL, J.)

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Page 2 of 2

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21st September 2016

jayshree mukesh gotecha v. jayesh ramniklal gotecha and aruna asit mavani and anr.(Pro.Def.)

Case brief

What is this about?

What did the court decide?

jayshree mukesh gotecha v. jayesh ramniklal gotecha and aruna asit mavani and anr.(Pro.Def.)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

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