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Bombay High Court

Sukhvinder Singh Chauhan And 16 Ors vs Guru Ashish Construction Pvt. Ltd. And 4 ... on 7 April, 2021

Author: A. K. Menon

Bench: A. K. Menon

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


                    INTERIM APPLICATION NO. 2704 OF 2020
                                           IN
                                   SUIT NO.348 OF 2017


Sukhvinder Singh Chauhan & Ors.                   .. Applicants/Plaintiffs
         v/s.
Guru Ashish Construction Pvt.Ltd.
& Ors.                                                   .. Defendants
         And
Mr. Rajendra K. Bhuta                                    ..Respondent



Mr. Rubin Vakil a/w Manish Doshi, Ms. Esha Malik i/b. Vimadalal & Co.
for the plaintiffs.

Ms. Sharmila Deshmukh for the defendant no.3.
Mr. Tejas Shah for defendant no.4.

Ms. Natasha Kasad i/b. D.B. Pereira for the respondent.


                                             CORAM : A. K. MENON, J.

DATED : 7TH APRIL, 2021.

(THROUGH VIDEO CONFERENCE) P.C. :

1. By this interim application, the applicant seeks to amend the plaint in terms of the schedule annexed to the interim application.

Mr. Vakil submits that the defendants have been served, affidavits 1/2

28.ia-2704-20.doc wadhwa ::: Uploaded on - 08/04/2021 ::: Downloaded on - 05/09/2021 17:18:10 ::: of service have been filed. Defendant nos.3, 4 & 5 are represented so is the respondent. None of them have any objections if the amendment is being allowed. They all submit to the orders of the Court subject to their rights to file written statement to the amended plaint.

2. In view thereof and the statement of Mr. Vakil that all the defendants have been served, I pass the following order;

(i) IA is made absolute in terms of prayer clauses (a), (b) and (c).

(ii) Amendment to be carried out within four weeks from today. Re-verification is dispensed with.

(iii) The learned counsel appearing today waives service on behalf of the respective clients. In view thereof, written statement shall be filed by the defendants appearing today within twelve weeks from the date of service of amended copy of plaint.

(iv) IA disposed in the above terms.

(A. K. MENON, J.) 2/2

28.ia-2704-20.doc wadhwa ::: Uploaded on - 08/04/2021 ::: Downloaded on - 05/09/2021 17:18:10 :::