Bombay High Court
Venus Vasant Valley Cooperative ... vs Sheth Shelters Private Limited And 9 Ors on 6 July, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
906-ial-18540-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.18540 OF 2022
IN
SUIT NO.771 OF 2018
Venus Vasant Valley Cooperative Hsg. Society ...Applicant/
Ltd. Plaintiff
Versus
Sheth Shelters Pvt. Ltd. & 9 Ors. ...Defendants
WITH
INTERIM APPLICATION NO.3069 OF 2021
WITH
NOTICE OF MOTION NO.1361 OF 2018
WITH
NOTICE OF MOTION 1564 OF 2018
WITH
INTERIM APPLICATION NO.131 OF 2022
WITH
CHAMBER SUMMONS NO.830 OF 2018
WITH
CHAMBER SUMMONS NO.1183 OF 2019
IN
SUIT NO.771 OF 2018
----------
Mr. Amogh Singh, i/b. Kaustubh Patil for the Applicants / Plaintffs.
Pragathi Malle for Defendant No.1.
Pavitra P. For Defendant Nos.2 to 6.
Mr. Simil Purohit, Ms. Jasmine Sheth, Mr. Deepu Jojo and Mr. Viren
Mandhale i/b. Wadia Ghandy & Co. for Defendant No.8.
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906-ial-18540-2022.doc
CORAM : R.I. CHAGLA J
DATE : 6TH JULY, 2022
ORDER :
1. Heard learned Advocate for the parties.
2. By Interim Application (L) No.18540 of 2022, the Applicant / Plaintiff has sought permission to amend the Plaint as well as carry out consequential amendments in the Interim Application as per schedule annexed to the Interim Application. There is no objection to the relief sought by the Applicant.
3. Mr. Purohit learned Counsel for Defendant No.8 states that, in the event the relief sought for in the Interim Application is granted, it be clarified that this will without prejudice to the rights and contentions of the Defendants No.8 as well as Defendant No.8 being permitted to file Affidavit in Reply to the amended Interim Application as well as the Written Statement to the amended Plaint.
4. Considering that this is a pre-trial amendment, the amendment to the Plaint and the Interim Application and 2/4 906-ial-18540-2022.doc consequential amendment to the Interim Application requires to be granted. It is made clear that this is without prejudice to the rights and contentions of the Defendants, including Defendant No.8. Hence the following order:-
(i) The Applicant / Plaintiff is permitted to carry out amendment in the Plaint and Interim Application and consequential amendment in terms of schedule annexed to the Interim Application.
(ii) Amendment shall be carried out by the Plaintiff within a period of two weeks from the date of this Order.
(iii) The Defendants are at liberty to file Affidavit in Reply to the amended Interim Application upon the amendment being carried out, within one week thereafter. In addition, the Defendants are permitted to file Written Statement to the amended Plaint.
(iv) The Interim Application (L) No.18540 of 2022 is disposed of accordingly.
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906-ial-18540-2022.doc
5. The above Interim Applications, Notices of Motion and Chamber Summons shall be placed on board on 11th August, 2022, at 2.30 p.m. [R.I. CHAGLA J.] 4/4