rng IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.112 OF 2008 SUMMONS NO.112 OF 2008 SUMMONS NO.112 OF 2008 in in in ADMIRALTY ADMIRALTY ADMIRALTY SUIT NO.44 OF 2007 SUIT NO.44 OF 2007 SUIT NO.44 OF 2007 (Lodg.Sr.No.3089 (Lodg.Sr.No.3089 (Lodg.Sr.No.3089 of 2007) of 2007) of 2007) Ispat Industries Ltd .. Plaintiff Vs. M.V."Ocean Predator" ... Defendants Mr.Suraj Almeida i.b Mr.D.C.Gomes for Plaintiff Mr.Ajit Shah i.b ALMT Legal for Defendants CORAM CORAM CORAM : A.S.OKA, J : A.S.OKA, J : A.S.OKA, J DATE DATE DATE : 20TH : 20TH : 20TH OCTOBER, 2008 OCTOBER, 2008 OCTOBER, 2008 P.C. P.C. P.C. 1. Heard the learned counsel appearing for the plaintiff in support of the Chamber Summons and learned counsel appearing for the defendants. 2. The suit has been filed by the plaintiff praying for arrest of the defendant-vessel. The plaintiff have prayed for a decree in the sum of Rs.22,98,59,000/- with interest thereon @ 18 % p.a. 3. By the present Chamber Summons, the plaintiff desires to amend the plaint for reducing the monetary claim made in the suit. Reliance is placed on order dated 23rd October, 2007 passed by this Court which records a concession on the part of the plaintiff to reduce the claim by the amount of Rs.19,82,86,000/- as during the pendency of the 2 suit the defendants delivered to the plaintiff a cargo worth Rs.19,82,86,000/-. 4. Considering the nature of the proposed amendment, the same will not change the nature of the suit and therefore, the amendment deserves to be allowed. 5. Hence, I pass the following order : ORDER (1) The Chamber Summons is made absolute in terms of prayer clause (a). (2) Amemdment to be carried out within a period of six weeks from today. (3) A copy of the amended plaint shall be served on the defendants within a period of four weeks from the date on which the amendment is carried out. { A.S.Oka, J } A.S.Oka, J } A.S.Oka, J }