1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.914 OF 2010 IN SUIT NO.18 OF 2009 Omprakash Sahgal .. Plaintiff Vs. Citi Bank N.A. And Ors. .. Defendants Mr.Suresh Shah i/b Mr.Mehul Shah for the plaintiff Mr.Neveille Mukerji i/b M/s.Wadia Ghandy and Co. for defendant no.1 Mr.Gautam Tiwari i/b ALMT Legal for defendant no.2 CORAM : S.C.Dharmadhikari, J. DATE : September 2, 2010 P.C. : 1. Heard. 2. This is a Chamber Summons taken out by the plaintiff to incorporate additional averments so as to enable him to claim substantive final relief. 3. The Chamber Summons is opposed by defendant nos.2 and 4 against whom the allegations are made in the Schedule to the Chamber Summons. 2 4. Merely because the pleas as set out in the schedule to the Chamebr Summons are allowed to be incorporated, does not mean the court has accepted the version of the plaintiff. It is for the plaintiff to prove his case. He may do so with the assistance of the pleas already raised. This being only additional pleas, no prejudice is likely to be caused to the contesting defendants. 5. The nature of the cause of action is not being altered in any manner. The additional pleas are only to aid the final relief that is sought by the plaintiff. 6. Therefore, without prejudice to the rights and contentions of parties on merits of the claim of the plaintiff, Chamber Summons is made absolute in terms of prayer clause (a). Amendment be carried out within a period of two weeks from the date of receipt of the copy of this order. Additional written statement/reply be filed within 4 weeks from the date of receipt of the amended plaint. No order as to costs. ( S.C.Dharmadhikari, J. )