1 chs1055-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1055 OF 2010 IN SUIT NO.2286 OF 2009 Akruti City Limited .. Plaintiffs Vs. Anil Kumar Poddar and Another .. Defendants Mr.Samir Shukla i/b M/s.Naik Paranjape and Co. for the plaintiffs Ms.Vaishali Chaudhari for the defendants CORAM : S.C.Dharmadhikari, J. DATE : December 3, 2010 P.C. : 1. Perused the Chamber Summons and the affidavit in support, so also the affidavit in reply. It is urged that the amendment should not be permitted because the plaintiff has specifically narrated the events of 3.7.09. Now, finding that they will not be able to substantiate their plea that the amendment is proposed. The amendment is not bona fide and therefore, should not be allowed. 2 chs1055-10 2. Having heard the learned counsel for the parties at some length and perused with their assistance the Chamber Summons, I am of the view that there is no merit in the contention that the amendment is lacking in bona fides. It may be that on legal advise the plaintiff wants to delete the statement in the plaint, but without anything more, such deletion cannot be assumed to be malafide. The deletion can be permitted without prejudice to the rights and contentions of both sides on the issue of maintainability of the suit, jurisdiction of this court and merits. Keeping open all objections, this Chamber Summons is allowed and made absolute in terms of prayer clause (a). Amendment be carried out within 2 weeks. ( S.C.Dharmadhikari, J. )