1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1405 OF 2009 IN APPEAL NO.689 OF 1998 IN NOTICE OF MOTION NO.3337 OF 1997 IN SUIT NO.3668 OF 1997 WITH APPEAL NO.115 OF 2003 IN CHAMBER SUMMONS NO.381 OF 2002 IN SUIT NO.3668 OF 1997 Mr.Sorab K. Modi and Anr. .. Appellants. Vs. Bank of Baroda and Ors. .. Respondents. Mr.Sorab K. Modi, appellant in person Mr.Ajay Khaire i/b Mr.M.S. Bodhanwala for respondent no.1 Mr.Haresh Mansukhani for respondent no.10 Mr.R.L. Donde i/b M/s.Kanga and Co. for respondent no.11 CORAM : J. N. PATEL & SMT. R.P. SONDURBALDOTA, JJ DATE : 11TH SEPTEMBER, 2009 2 P.C. : 1. In view of the fact that the suit is still pending, it will be proper for the appellants who have taken out this Chamber Summons for seeking amendment of the plaint in appeal to move the learned single Judge in Suit No.3668 of 1997. We therefore, give liberty to the appellants to withdraw the Chamber Summons and move the trial court in the matter. 2. Chamber Summons is disposed of as withdrawn with liberty. ( J. N. PATEL, J) (SMT. R.P. SONDURBALDOTA, J.)