: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1535 OF 2009 IN SUIT NO.3606 OF 2006 M/s. Rainbow Prints Pvt. Ltd. .. Plaintiffs v/s. M/s. Dharamchand Polyfab Pvt. Ltd. & Ors. .. Defendants ......... Mr. P.A. Sawant i/by M/s. Yasmin Bhansali & Co. for the plaintiffs Mr. Pesi Modi i/by Vigil Juris for defendant no.2 Mr. Ramchandra Yadav for defendant nos.3 to 10. Mr. Goswami for defendant no.11. ......... CORAM : R.Y.GANOO, J. DATE : 6TH APRIL, 2010. P.C. : 1. Heard learned Counsel on both sides on the question of amendment of this chamber summons. 2. According to defendant no.2 as well as defendant no.5, the present amendment set out in item nos.1, 2 and 3 are not required for diverse reasons, which were pointed out to this Court. It was even sought to be suggested that if this amendment is granted, there shall be inconsistent pleas put up by the plaintiffs. : 2 : 3. In my view, it is for the plaintiffs to decide as to in what way the facts should be stated in the plaint, provided the proposed amendment does not cause any prejudice to the defendants on various grounds. After having inspected the text of the schedule, I am inclined to observe that if the amendment as per schedule is granted, would not cause prejudice to the defendants subject of course to defendants putting up their say in the matter. If the case of the defendants is true that the amendment, if granted, will create inconsistent pleas that would not be in the interest of plaintiffs and it is possible that plaintiffs may suffer. In substance, there appears to be no difficulty in granting the amendment. Of course, no views are expressed on the text of the schedule for amendment. Hence, following order is passed to dispose of the chamber summons. ORDER (i) Chamber Summons is made absolute in terms of prayer clauses (a) There shall be no order as to costs. (ii) Plaintiffs to carry out amendment on or before 23rd April, 2010. Serve upon the defendants’ advocate amended copy of the plaint on or before 7th May, 2010. (iii) Motion stands adjourned to 24th June, 2010. [R.Y.GANOO, J.]