Indian Kanoon - Search engine for Indian Law

6. The defendants have entered appearance and have filed reply opposing the present application.

7. In the present application the plaintiff seeks to delete the said statement made in paragraph 20. It is stated that inadvertently and due to oversight and on account of error of drafting a mistake has crept in. It is stated that the first line of the para which states "that Mrs. Das (defendant No.4), the plaintiff and the other shareholders" be changed and substituted with the line "that the plaintiff and other family shareholders which does not include Mrs. Das (defendant No.4)". Hence, the effect of the said amendment sought is that it is sought to be averred that the defendant No.4 was not aware of the extent of fraud perpetrated by Mr.Anand Datwani, as has been stated in the plaint in 2007 when Mr.Anand Datwani filed IA No.2014/2007. It is further stated that inadvertently and by oversight and error of drafting declaratory relief in the present plaint and consequential averments have been stated in relation to the alleged Gift Deed dated 12.1.1998 and alleged share transfer form dated 23.3.1998 pertaining to ownership of 1500 shares of defendant No.4 instead of placing the declaratory relief on the share transfer form dated 14.7.2012. It is further stated that the existing prayer clause (i) may not be necessary as in another connected suit the issue is already pending.