Joseph Massey v. Multi Commodity Exchange of India Ltd.
Case brief
What is this about?
Bombay HC Commercial Division allows amendment of plaint prayer clause in Commercial Suit No. 20 of 2015 (Multi Commodity Exchange of India Ltd. v. FTKMC and Ors.); claim corrected from Rs. 8.82 crores to Rs. 15,03,96,196/- inclusive of interest per particulars of claim; objection citing Rabo Bank v. State Bank of India (interest excluded from suit valuation) distinguished as inapplicable - part-heard suit, interest introduced by praecipe and rejected; court holds a plaintiff may include interest in the amount claimed; suit at pre-trial stage, no prejudice to defendants; amendment within two weeks, reverification dispensed with, written statements to amended plaint within two weeks of service. Keywords: amendment of plaint, prayer clause, suit valuation, interest, praecipe, inadvertent typographical error, interim application, commercial division, MCX, FTKMC.
What did the court decide?
Interim Application allowed in terms of prayer clause 'a', i.e. the amendments sought in terms of Schedule-A permitted; amendment to be carried out within two weeks; reverification dispensed with; Defendants to file written statements to the amended Plaint within two weeks of being served with a copy of the amended Plaint.