: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.395 OF 2008 IN SUIT NO.3776 OF 1991 Kilachand Devchand & Co.Pvt.Ltd. ....Plaintiff V/s. The Oriental Insurance Co.Ltd. ....Defendant Mr.Rishab Shah with Ms.Savita D’Lima and Ms.Bharati Indulkar for the Plaintiff. Mr.Z.B. Kamdin with Ms.Maneesha Kangavi i/b Bharucha & Partenrs for the Defendant. CORAM : S.J. VAZIFDAR, J. DATED : 26TH AUGUST, 2008. P.C. : 1. The suit is filed for a declaration that a lease dated 24.8.1967 and a service agreement also dated 24.8.1967 as modified are valid, subsisting and binding and for specific performance thereof. 2. The Plaintiff’s contention is that it is entitled to two renewals of the like periods of twenty years each. This alleged right crystalized during the pendency of the suit. By this amendment, the Plaintiff has sought the reliefs in respect thereof. 3. The only contention raised on behalf of the Defendant is that the suit is barred in view of the : 2 : provisions of the Public Premises Eviction Act. It was submitted that this Court has no jurisdiction to try this suit or consider the reliefs sought to be introduced by the amendment. 4. These are the aspects which ought to be considered while dealing with the merits of the case. For instance, it is a moot point whether the Estate Officer would be entitled to grant a positive relief in favour of the Plaintiff of the nature sought in the suit even if he comes to a conclusion in favour of the Plaintiff. 5. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a) with a clarification that all the contentions including as to jurisdiction and maintainability of the suit as originally filed and as amended are kept open. The amendments to be carried out within four weeks from today.