1 mss CHS481 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 481 OF 2011 IN SUMMARY SUIT NO. 1002 OF 2009 M/s. Swagat Apparels .. Plaintiffs Vs. M/s. Jai Ambe Creation .. Defendants Mr. Shyamli Hajela i/b H & M Legal Ass. for the plaintiffs Ms. Sneha Mannadiar i/b V. Kantawala & Co. for defendants CORAM: S.C.DHARMADHIKARI, J. DATED: 21/11/2011 P.C. Heard both sides. Perused the amendment proposed to the plaint, schedule annexed to the chamber summons and the affidavit-in-reply opposing the same. It is stated that earlier summons for judgment is disposed of as withdrawn with liberty to file a fresh summons for judgment, if amendment of the plaint is permitted, that will affect the defence of the defendants as the Invoices are not genuine but forged. 2 mss CHS481 2. Presently a chamber summons is filed to amend the plaint and that is permissible in law. The merits of the unamended or amended pleas are not decided at this stage. Once the plaintiff seeks to amend the plaint on the basis of the subsequent developments and with a view to enable this court to effectively and properly resolve the controversy, then the amendment deserves to be granted. Needless to clarify that all contentions of both sides on merits of the amended pleas and the reliefs claimed in the plaint are kept open. 3. In the result the chamber summons is made absolute in terms of prayer clause (a). Amendment be carried out within a period of two weeks from the date of receipt of copy of this order. Amended plaint be served within two weeks thereafter. (S. C. DHARMADHIKARI, J.)