1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.634 OF 2009 IN SUIT NO.356 OF 2009 Ishrat J. Bagdadi and Anr. .. Plaintiffs Versus Seasons Builders Pvt.Ltd. and Ors. .. Defendants Ms.S.M.Potddar with M.Y.Sayani for plaintiffs Mr.Bhavik Manek i/b. M/s.Wadia Ghandy && Co. for defendant No.2 – applicant in Ch./s.302 of 2009 Mr.B.Joseph i/b. M/s.Intralegal for defendant No.3. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th August 2009. P.C.: 1] This is plaintiffs' chamber summons seeking leave to carry out amendments to the plaint as per the schedule. In the affidavit in support of this chamber summons, it is stated that the amendments are necessitated on account of certain information made available to the plaintiffs subsequent to the institution of the suit. The information is set 1 out in para 4 and the necessary averments to incorporate the subsequent developments are to be found in paras 5 and 6 of the affidavit in support of this chamber summons. 2] It is on this basis it is urged that the leave to amend may be granted so that all aspects relevant to the controversy are brought before this Court. The amendments would assist the Court in effectively and completely resolving this controversy besides causing no prejudice to the defendants. 3] On the other hand, the defendants have urged that this Court has no jurisdiction to entertain and try the suit and in view of the chamber summons to revoke leave under clause 12 of Letters Patent obtained, which has been filed and is pending, if any amendments are allowed to the plaint, defendants would not be able to press their chamber summons and the prayers therein. 4] I see no reason to dis-allow the prayer for amending the plaint. More so, as I am satisfied that the amendments merely incorporate some 1 subsequent developments, but essentially on the basis that they are relevant for effective and complete disposal of the controversy. In such circumstances, no prejudice will be caused to the defendants if the plaint is allowed to be amended. Additionally, it is clarified that the defendants have appeared in this chamber summons under protest and without waiving their rights and contentions on the point of jurisdiction of this Court. Merely because amendments are allowed does not mean that this Court has ruled upon the issue of jurisdiction either way. All contentions of both sides on the point of jurisdiction are kept open. 5] Amendments are allowed subject to the plea of jurisdiction, limitation and maintainability being kept open. 6] Chamber summons is made absolute in terms of prayer (a), subject to above but without any order as to costs. (S.C.DHARMADHIKARI, J)