-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 644 OF 2007 IN SUIT NO. 1316 OF 1995 Shishir Bajaj & Ors. ..Plaintiffs. Versus The Bank of Karad Ltd & Ors. ..Defendants. Mr. S. V. Mehta i/b Malvi Ranchodas & Co., for the plaintiffs. Mr. Sunil Chowbal for defendant no.1. Coram : R. V. MORE, J. Date : February 17, 2010. P. C. : 1. Heard Mr. S. V. Mehta, learned counsel for the plaintiffs. 2. The plaintiffs were trustees of one Bachhraj and Company Provident Fund, a duly recognised provident fund institution under the Income Tax Act at the time of filing of suit. By the present chamber summons the plaintiffs seek leave to substitute plaintiff no.4 by the respondent Bipin Mehta, as said Mr. Pandya - plaintiff no.4 has resigned from the post of trusteeship and said Mr. Bipin Mehta has been appointed as trustee. The amendment is of formal nature and therefore same deserves to be allowed. The record shows that the above change in trustees was effected in the year 1995 and the present chamber summons is taken out in the year 2007. This delay is not properly explained. In the interest of justice delay deserves to be condoned, however, subject to cost. Chamber Summons is -: 2 :- therefore allowed in terms of prayer clauses (a) & (b) subject to payment of cost of Rs.5000/-. Cost to be paid to defendant no.1 within the period of four weeks from today. Upon payment of cost, the plaintiff shall carry out necessary amendment within the period of two weeks and thereafter within the period of two weeks the plaintiff shall serve the amended copy of plaint on all concerned. (R.V. MORE, J.)