1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO.471 OF 2009 IN SUIT NO.858 OF 2006 Shivsai Co-op.Hsg.Soc. Ltd. .... Plaintiffs vs Raut and Dadarkar Associates & ors. ... Defendants Mr.H.S.S.Murthy for the plaintiff. Ms.Rakesh Kumar i/b.Legal Vision for defendants 5 to 8. Mr.R.M.Pandey for defendant no.10. Mr.R.Y.Sirsikar for defendant no.13. CORAM: ANOOP V. MOHTA, J. DATE : 14th July, 2009 P.C.: 1 The plaintiff has taken out this chamber summons for amendment. The Suit is of the year 2006. The issues are not even framed in the matter. 2 By order dated 11.02.2009 while considering various other prayers in the Notice of Motion earlier taken out by the plaintiff, the Court has granted liberty to take out appropriate application for amendment also and further observed to consider the same on its own merits. The fact remains that the court has granted liberty. The plaintiff, therefore, wants to bring those averments as according to him are necessary for adjudication of the issue as raised. Therefore, the 2 submission that no case is made out and that it ought to have been brought on record at the earlier point of time, in the present facts and circumstances of the case, is unacceptable. However, keeping all points as well as defences open, I am inclined to grant this chamber summons. 3 Chamber summons is accordingly allowed in terms of prayers (a) and (b). The plaintiff to carry out amendment within three weeks. However, this is subject to cost of Rs.2,000/- each to be paid to defendants 5 to 8 and 10. 4 The interim protection as recorded by order dated 9.4.2009 to continue for five weeks from today. (ANOOP V. MOHTA, J.)