1 CHS4.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 4 OF 2010 IN SUIT NO. 3026 OF 2007 Cinevistaas Limited. ... Plaintiffs. V/s. M/s. Bright Brothers Limited. ... Defendants. Mr. D.S. Parikh, Satyam Vaishnav, Anil Chauhan i/b. N.N. Vaishnawa & Co. for the Plaintiffs and Applicants in CHS. Mr. Haresh M. Jagtiani, Sr. Counsel with N.S. Patel, Siddhesh Bhole i/b. N.S. Patel & Co. for the Defendants. CORAM : R.Y. GANOO, J. DATED : 21st OCTOBER 2010. P.C. :- Heard learned Counsels on both sides. The present Suit is filed in the year 2007 for specific performance of the agreement dated 25th January 2001. The Plaintiffs have taken out the Chamber Summons for amendment of the plaint. Parties have completed the pleadings. I have heard learned Counsels on both sides. A substantial part of the schedule to the Chamber Summons deals with the narration of the certain facts which took place from 25th January 2007 till lodgment of 2 CHS4.10.sxw the plaint and few facts are sought to be added on account of receipt of bills raised by the Government of Maharashtra as and by way of property taxes and payments thereof. 2. The Plaintiffs have come out with a case that the Defendants were to arrange for an access as set out in the suit agreement and then proceed to execute the sale deed in favour of the Plaintiffs. The plaint as of today clearly goes to show that the Plaintiffs have come out with the case that despite efforts made on both sides to have the access, it could not be secured for the reasons stated in the plaint and therefore, the agreement could not be executed. In paragraph 16 of the plaint there is a specific admission that the Plaintiff and Defendants have extended the time to complete the sale as access was not provided to the suit plot of land till June/July 2007. One more averment is material for the purpose of deciding the period of limitation viz. the Defendants have refused to complete the sale in August 2007. On this count, it is pleaded that present Suit is within the period of limitation. 3. The present amendment so far as it relates to the events which had taken place prior to the filing of the Suit and which are sought to be added by the amendment are required to be treated as averments for the purposes of giving better particulars of events which had taken place between the Plaintiffs and the Defendants. The Defendants would be able to deal with those paragraphs without any difficulty. 3 CHS4.10.sxw 4. The submission was advanced by the learned Counsel for the Defendants by taking me through the paragraphs 4(a), 4(b) and 4(c) of the Chamber Summons and had tried to show that the statements contained in those paragraphs would be contrary to what is stated in the plaint and the rejoinder filed by the Plaintiffs in the Motion and therefore, such an amendment should not be granted. In so far as this aspect is concerned, it will not be proper for this Court to go into the aspect as to whether certain averments stated in the schedule today are contrary to what is stated in the plaint or in the rejoinder filed by the Plaintiffs in the Motion. If the Plaintiffs want to place on record the certain averments and if they are found to be contrary to the case of the Plaintiffs put up prior to taking out of the Chamber Summons the Plaintiffs will have to face the consequences and appropriate inferences can be drawn. 5. In so far as the averments which relate to payment of taxes by the Plaintiffs and in particular, paragraph 6(c), those developments are with reference to what transpired after the lodgment of the plaint. Those developments are sought to be brought on record apparently for the purposes of showing that the Plaintiffs have been ready and willing to perform their part of the contract and have been paying taxes as and when called to be paid by the Government of Maharashtra. 6. In my view, amendment to effect can be granted. It will be open for the Defendants to deal with those paragraphs. 4 CHS4.10.sxw 7. In substance, the amendment sought to be brought on record can be granted to enable the Plaintiffs to plead their case in a effective manner. Needless to mention that the Defendants are free to file additional written statement in order to put up their say to the paragraphs which would be added on account of the grant of this Chamber Summons. 8. For the reasons mentioned aforesaid, I am inclined to allow the Chamber Summons. 9. Hence, following order is passed to dispose of the Chamber Summons :- (i) The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). (ii) There shall be no order as to costs. 10. Plaintiffs to carry out amendment on or before 25th November 2010. Plaintiffs to serve amended copy of the plaint upon Advocate for the Defendants on or before 3rd December 2010. The Suit is set down for directions on 13th December 2010. (R.Y. GANOO, J.)