*1* chs.361.08.ss.1407.00.931.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.361 OF 2008 IN SUMMARY SUIT NO.1407 OF 2000 Steel Authority of India Limited. ..Plaintiffs -Versus- Tubex Metals Private Limited and another. ..Defendants ........ Mr.Cyrus Ardeshir with Sangram i/b Mulla & Mulla, for the Plaintiffs. Mr.S.H.Jain, for the Defendant No.2. ........ CORAM : R.M.SAVANT, J. DATE : 16 th March, 2011. P.C. :- 1 In view of the statements made in paragraph Nos.5 and 6 of the affidavit in reply which are reproduced hereinbelow: “5. ....... I say that M/s Patel Metals (India) was never a partnership firm and therefore making such statement on behalf of the Defendant No.2 that the purported guarantee was furnished in his capacity as partner of M/s Patel Metals (India) is totally false and after thought. 6. Without prejudice to the above submission, I further say and submit that joining the Respondent as party Defendants which is an independent entity and to which Prakash Patel was Proprietor, at this stage, showing this firm as partnership firm and Defendant No.2 as its alleged partner cannot be permitted as claim against this Respondent *2* chs.361.08.ss.1407.00.931.sxw would otherwise be time barred. ......” and which are now confirmed by Mr.Jain, learned counsel for the Defendant No.2 upon obtaining instructions from the said Defendant, in my view no orders are necessary to be passed in the above Chamber Summons. The Chamber Summons is, accordingly, disposed of. 2 The learned counsel for the Plaintiffs tenders the draft amendment which is to add the following lines in the cause title of the plaint and page No.2 of the plaint :- 1. In the cause title of the plaint at the bottom of page 1, after the name and address of Defendant No.2 (Prakash J. Patel), add the following: “Carrying on business in the firm, name and style of M/s Patel (Metals) India” 2. On page 2 of the plaint, at the end of paragraph No.1 add the following sentence: “Defendant No.2 carrying on business in the firm, name and style of M/s Patel (Metals) India.” 3 In my view the said amendment is consequential to the extracts from the affidavit reproduced above. The amendment would not cause any prejudice to the Defendant No.2. The Plaintiffs are, therefore, permitted to carry out the amendment in terms of the draft amendment. Amendments to be carried out within four weeks from today and the amended plaint to be served on the concerned Defendants within two weeks thereafter. (R.M.SAVANT, J)