1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 776 OF 2009 IN SUIT NO. 1255 OF 2006 N. Ramkrishnan @ Isak Josna ...Plaintiff. Vs. Nitin Kumar D. Rane & Anr. ...Defendants. Mr. Rauawat Jeetendra with Mr. Yajuvendra Singh i/by Mr. Joseph Fernandes for the Plaintiff. Mr. U.R. Pathak for Defendant Nos. 1 and 2. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th SEPTEMBER, 2009. P.C.- 1 This Chamber Summons is taken out by the Plaintiff, who has filed the suit for Specific Performance. However, in view of change of circumstances, and the Plaintiff is not in position to get the specific performance, by this amendment, seeking to claim compensation based upon the said agreement itself. 2 This application is filed after collecting the various information from R.T.I. Authorities, some time in December, 2008. Therefore, this Chamber Summons in 2009. 2 3 Considering the averments made including the submission of the learned counsel appearing for the defendants that such claim/amendment is time barred and is not permissible, as the present amendment is based upon the subsequent information and documents and as arising out of the same agreement, I am inclined to grant this amendment however by keeping all points open for the Defendants to raise. 4 The Chamber summons is accordingly allowed. 5 The Plaintiff to take steps to amend the plaint on or before 5th October, 2009. The Defendants to file additional affidavit, if any, on or before 3rd November, 2009. (ANOOP V. MOHTA, J.)