CHS1775-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1775 OF 2009 IN SUIT NO.1775 OF 2009 Premier Limited .. Plaintiff Versus Bombay Cycle & Motor Agency Ltd. .. Defendants WITH CHAMBER SUMMONS NO.1336 OF 2010 Mr.Vishal Sheth i/b. Crawford Bayley & Co. for plaintiff Mr.M.Shirazi i/b. Halai & Co. for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 28th October 2010. P.C.: 1] This chamber summons is for amendment of plaint. Plaintiff has set out as to what prompted them to file this chamber summons for amendments. The subsequent events are sought to be brought on record with a view to support the monetary claim. 2] Defendants have filed their replies and have pointed out that the CHS1775-09 2 plaintiffs are seeking to claim inconsistent reliefs which is impermissible in law. They are clubbing together several claims and, therefore, each one would constitute independent cause of action. Chamber summons be, therefore, dismissed. 3] Having perused the chamber summons and the affidavit on record, I am satisfied that no prejudice will be caused to the defendants if the amendments are allowed. They are only to incorporate additional pleas based on subsequent events so as to support the claim. I do not see how this amounts to raising inconsistent pleas or setting up a case inconsistent with the cause of action. 4] If the claims as now introduced are time barred, as alleged or that they are not tenable, the law permits that the amendments can be granted, keeping open all such contentions and objections. 5] In such circumstances, subject to the plea of suit being barred CHS1775-09 3 limitation and claim being untenable on merits being kept open, the chamber summons is made absolute in terms of prayer (a). 6] Amendments be carried out within four weeks from the date of receipt of the copy of this order. After service of amended plaint additional written statement be filed within eight weeks from the date of receipt of the amended plaint. (S.C.DHARMADHIKARI, J)