Allowed

Madhulika @ Madhu Nirmal Sharma v. Rupchand Premnath Sharma and 12 Ors.

Bombay HC17 Oct 2016CHS/626/2016

Case brief

AI extract

What is this about?

High Court at Bombay allowed amendments to a plaint and Chamber Summons in a suit regarding a builder's development agreement. The court accepted the Plaintiff's undertaking to file an affidavit of service and granted the requested relief.

What did the court decide?

Amendments to the plaint and Chamber Summons allowed; Plaintiff directed to serve amended plaint by 2nd December 2016.

Madhulika @ Madhu Nirmal Sharma Vs Rupchand Premnath… — Company and Corporate | Bombay HC (2016)

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932-CHS-626-2016.DOC

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JSN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 626 OF 2016

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IN

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SUIT NO. 777 OF 2013

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Mrs. Madhulika @ Madhu Sharma…Plaintiff
Versus
R.C. Sharma and Others…Defendants

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Mr. Parag Kale, for the Plaintiff.
Ms. Nupur Awasthi, i/b M/s. Consulta Juris for Defendant No.12.

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CORAM: G.S. PATEL, J DATED: 17th October 2016

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PC:-

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1.Heard Mr. Kale for the Applicant (Plaintiff). This is the
Plaintiff’s application for amendment to the Plaint. Mr. Kale points
out that not only has the name of the society changed, but so has the
builder/developer with whom the society has contemplated a
development agreement. These are amongst the changes that are
proposed to be made to the Suit.

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2.Mr. Kale on behalf of the Plaintiff’s undertakes to file
Affidavit of Service on or before 27th October 2016 mentioning
therein that he has received an acknowledgement from the builder
in question as well.

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Page 1 of 2
17th October 2016

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932-CHS-626-2016.DOC

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3. Issues have not yet been framed. Trial has not started. I will, therefore, allow the amendments.

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4.The Chamber Summons is made absolute in terms of prayer
clauses (a) to (d). Leave to amend in terms of schedule annexed to
the Chamber Summons. Amendments to be carried out on or before
27th October 2016. Service of the amended Plaint to be completed
on or before 2nd December 2016.

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

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6. All concerned to act on an authenticated copy of this Order.

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(G. S. PATEL, J.)

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Page 2 of 2

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17th October 2016

Madhulika @ Madhu Nirmal Sharma v. Rupchand Premnath Sharma and 12 Ors.

Case brief

What is this about?

What did the court decide?

Madhulika @ Madhu Nirmal Sharma v. Rupchand Premnath Sharma and 12 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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