-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 504 OF 2008 IN SUIT NO. 36 OF 2008. Vijay Rubber Treads. ..Plaintiff. Versus Maharashtra State Road Transport Corporation & Anr. ..Defendants. Mr. Anand Kulkarni for the plaintiff. Ms. Shakuntalal Joshi for defendant no.4. Mr. Yashodhan Sakhare i/b M/s. YKS Legal for defendant no.2. Ms. Mukadam i/b M/s. Intralegal for defendant no.3. Coram : R. V. MORE, J. Date : February 8, 2010. P. C. : 1. Heard learned counsel for the respective parties. The Plaintiff has taken out this chamber summons for amendment in plaint. The suit is filed for recovery of an amount of Rs.37,10,802.28 paise from the defendant nos.1 to 4 with interest at the rate of 21%. Decree of declaration is also prayed for that material supplied by the plaintiff to defendant no.1 is as per the specification of defendant no.1 and that defendant no.1 is not entitled to deduct from the bills payable to the plaintiff nor the defendant no.1 is entitled to encash the bank guarantee given by the plaintiff. 2. The plaintiff took out notice of motion seeking interim injunction restraining the defendant no.1 from encashing bank guarantee given by the defendant nos.2 to 4. However, the defendant no.1 encashed the bank -: 2 :- guarantee prior to the hearing of motion, and therefore the plaintiff withdrew the said motion. 3. The Plaintiff by present chamber summons wants to bring on record the subsequent events, namely, encashment of bank guarantee by the defendant no.1 during the pendency of suit. By the proposed amendment the plaintiff also seeks consequential prayers against defendant nos. 1 to 4. In my view the amendments sought are neither contrary nor inconsistent to the averments made in suit. The amendment is necessitated because of subsequent events. Chamber summons is, therefore, allowed in terms of prayer clause (a). Plaintiff shall carry out necessary amendments within the period of two weeks from today and thereafter within the period of two weeks serve amended copy of the plaint on all concerned. (R.V. MORE, J.)