1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1405 OF 2006 IN SUIT NO.555 OF 2004 Modern Restaurant & Ors. ...Plaintiffs Vs. Urmila Agarwal & Ors. ...Defendants Mr.T.G. Goradia with B. Manera for Plaintiffs Mr.R. Peer Mohiddin with S.S.Ghosh i/b. Paras L & Co. for Defendants 4/5 Mr.S.K.Jain with Ms. Asmita Sali i/b. M/s. Vimadalal for Defendant CORAM: SMT.ROSHAN DALVI, J. DATED: 21ST APRIL, 2008 P.C. 1. The Plaintiff has sought long, winding and verbose amendments to the Plaint. 2. The Plaintiff is an unpaid seller of the immovable property. The transaction took place on 1st September 1997. After transaction with the Plaintiff there have been other transactions involving the 4th Defendant Bank and Defendant No.6. The 4th Defendant Bank has sold the 2 property which was mortgaged by the Plaintiff to the Defendant No.6. Third party interest has been created. The Plaintiff initially sued for specific performance. The Plaintiff seeks to make averments in the Plaint relating to the litigation in which Defendant No.4 Bank has been involved in the D.R.T and essentially for claiming damages instead of specific performance. The Defendants have inter alia claimed that the Suit has been barred by limitation. That issue survives. The damages, if any, could be granted subject to the law of limitation and for the part as the law of limitation allows. 3. The averments sought to be made by the Plaintiff by virtue of amendments are required to be allowed. 4. The Chamber Summons is made absolute in terms of prayer clause (a) and (b). No order as to costs. 5. The Plaintiffs shall carry out amendments within 2 weeks. The Plaintiffs shall also amend the copy of the plaint served on the Defendants within 2 weeks. Defendant No.6 and Defendant Nos.4 and 5 have been represented. They waives service of Chamber Summons. (SMT. ROSHAN DALVI, J.)