1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 250 OF 2009 IN SUIT NO. 1974 OF 2006 ALONGWITH CHAMBER SUMMONS NO. 702 OF 2009 IN SUIT NO. 1974 OF 2006 ALONGWITH NOTICE OF MOTION/........./2009. Khushnooda Fazil Ansari ...Plaintiff Vs. V. K. Kaul & Ors. ...Defendants. Mr. Abhimanyu V. Dhawan, Advocate for the plaintiff. Mr. Robin Fernandes i/by A.M. Saraogi for defendant nos. 6 & 7. CORAM :- ANOOP V. MOHTA, J. DATED :- 11TH JUNE, 2009. P.C.- 1. Considering the averments made and as there is no opposition from the defendants and as the trial is not yet begin, even the written SKT/- 2 statements has not filed by the defendants, the Chamber Summons are allowed. The plaintiff to take steps to amend the plaint. However, it is made clear that it is subject to all reasonable defence and options available to defendants. the plaintiff to carry out amendments within four weeks. 2. Pending the Chamber Summons No. 250 of 2009 and Chamber Summons No. 702 of 2009, the plaintiff has taken out this motion in a Suit for damages for terminating his contract and for granting the same to respondent nos. 6 & 7 and any other relief principally involving granting the alleged termination of contract. The suit is for damages. 3. Considering the averments made in Chamber Summons which is now allowed, at this stage, I am of the view that there is no case made out by the plaintiff for any interim relief restraining the defendants from allocating the suit sites to any other party. The respondents cannot be restrained from doing their day to day business. Even if there is any illegality as alleged is committed by the respondents/defendants the plaintiff in the present facts and circumstances of the case and at the motion entitled for damage subject to clear evidence and proof. Therefore, no costs. The Notice SKT/- 3 of Motion is dismissed accordingly with liberty. The plaintiff to get the motion registered. (ANOOP V. MOHTA, J.) SKT/-