Disposed

Byramjee Jeejeebhoy Pvt. Ltd. v. Oshivara Land Development Company Pvt. Ltd. and 5 Ors.

Bombay HC1 Apr 2021IA/866/2019

Case brief

AI extract

What is this about?

The Bombay High Court passed an order allowing the Plaintiff to amend the plaint within four weeks, without stating reasons or deciding the merits of the amendment, while reserving objections of defendants regarding limitation.

What did the court decide?

Permission granted to amend the plaint within four weeks; objections regarding limitation and scandalous nature reserved; liberty to apply for other reliefs.

Byramjee Jeejeebhoy Pvt. Ltd. Vs Oshivara Land… — Civil Procedure and Limitation | Bombay HC (2021)

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ia 866-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 866 OF 2019

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IN

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 SUIT NO. 1096 OF 2009

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WITH

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NOTICE OF MOTION NO. 31 OF 2014

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Byramjee Jeejeebhoy Pvt.Ltd.

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...Plaintiff

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vs.

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Oshiwara Land Development Co.Pvt.Ltd. & Ors....Defendants

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Mr.J.P. Sen, Senior Advocate with Daushit K. Jain i/b. Divya Jain for
Applicant/Plaintiff.

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Ms.Priyanka Kothari with Yogesh Gaikwad and A. Syed i/b. Bilawala & Co.
for Defendant No.1.

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Mr.Kunal Dwarkadas with Sidh Pamecha i/b. Kunal Bhanage for Defendant
Nos.5 and 6.

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CORAM : S.C. GUPTE, J.

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DATE : 1 APRIL 2021

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P.C. :

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Heard both learned Counsel for the parties.

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2Learned Counsel request the court to pass its operative order
without stating any reasons in support of the order.

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3Accordingly, the interim application is disposed of in terms of
the following order:

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(i)The Plaintiff is permitted to amend the plaint in terms of
schedule of proposed amendment annexed as Exhibit-A to the

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interim application. Amendment to be carried out within four weeks.
The amended copy of the plaint to be served on the defendants.

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(ii) It is made clear that the amendment is allowed subject to all
objections of the Defendants concerning limitation as well as
scandalous nature of some of the averments, which are sought to be
introduced in the plaint by way of the amendment. All rights and
contentions of the parties on merits in that behalf are kept open.

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(iii)The Defendants to file their comprehensive written statement
to the amended plaint within four weeks of service of the amended
plaint.

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(iv) Liberty to the Plaintiff to apply for other reliefs claimed in the
interim application, that is to say, reliefs besides the prayer for
amendment, by a separate application. The court is informed that
some of these reliefs may already form part of Notice of Motion
No.31/2014 pending before this court. Be that as it may, what this
liberty means is that the Plaintiff is not forbidden from urging the
grounds in the interim application or the reliefs sought in the interim
application by reason of this court disposing of the interim
application in terms of prayer clause (a).

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 (S.C. GUPTE, J.)

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Byramjee Jeejeebhoy Pvt. Ltd. v. Oshivara Land Development Company Pvt. Ltd. and 5 Ors.

Case brief

What is this about?

What did the court decide?

Byramjee Jeejeebhoy Pvt. Ltd. v. Oshivara Land Development Company Pvt. Ltd. and 5 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

Case details

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