1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 766 OF 2007 IN SUIT NO. 28983 OF 2000 The Administrator of the Specified Undertaking of the Unit Trust of India ...Plaintiff vs. Lorik Investments Ltd. ...Defendant Mr.Chirag Balsara with Mr.Rajesh Talekar i/b. M/s.K. Ashar & Co. for the Plaintiff. None for the Defendant. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 8, 2009 P.C. :- 1 Heard Counsel for the plaintiff. None appears on behalf of the defendants. 2 This Chamber Summons is taken out by the plaintiff for amendment of the plaint. The suit is filed by the plaintiff for a declaration that the Share Purchase Agreement dated 27.2.98 is valid, subsisting and existing agreement executed between 2 the plaintiff and the defendant and for specific performance of the said agreement. In para 3 of the affidavit in support, it is stated that the amount for damages incurred by the plaintiff was inadvertently mentioned as Rs.90,09,309/- instead of Rs.4,81,12,336.03ps. It is submitted that the value of shares as averred in the said clauses 21, 24 and 27 of the suit was only the interest accrued and inadvertently the principal amount of the shares remained to be included in the particulars of claim. It is, therefore, submitted that the plaintiff may be permitted to amend the plaint and to add the said the said additional claim which inadvertently was not mentioned in the particulars of claim. The plaintiff is willing to pay the deficit court fee if the amendment is allowed. 3 None appears on behalf of the defendant. The plaintiff has filed affidavit of service. The defendant also has not filed his written statement so far. Hence, though the suit is filed in the year 3 2000, taking into consideration the averments made in the affidavit in support which are uncontroverted and not disputed by the defendant, in my view, the plaintiff would be entitled to amend the suit as claimed by the plaintiff. 4 Chamber Summons, accordingly, is allowed. The plaintiff shall amend the suit as per Schedule annexed to the chamber summons. Amendment to be carried out within four weeks. Within four weeks thereafter, the additional court fees to be paid. The defendant to be served with the amended plaint within eight weeks thereafter. 5 The Chamber Summons is disposed of. (V.M. KANADE, J.)