1 chs 534-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 534 OF 2010 IN SUIT NO. 1512 OF 2009 Shapoorji Pallonji & Company Limited ...Plaintiff vs. Jignesh Shah & Ors. ...Defendants Mr.C.D. Balsara with Ms.Sanidha Vedpathak i/b. M/s.Maneksha & Sethna for the Plaintiff. Mr.D.D. Madan with Mr.J.S. Chandnani and Mr.H.V. Kore i/b. M/s.S.A. Sawant for Defendant Nos.1 to 5. CORAM : S.C. DHARMADHIKARI, J. DATED : OCTOBER 20, 2010 P.C. :- 1 This Chamber Summons is taken out for amendment of the plaint. Plaintiff states in affidavit in support that the suit is filed for Specific Performance of various agreements and consequential reliefs. 2 chs 534-2009 2 They moved a Notice of Motion being Notice of Motion No.2173/2009 for interim reliefs and an affidavit came to be filed by the defendant no.5 to the suit in which several contentions were raised. 3 It is stated that the chamber summons is moved to bring on record subsequent developments so also to incorporate appropriate pleas to meet the contents of the affidavit filed on behalf of defendant no.5. 4 This Summons is opposed by the defendants by their affidavits filed in reply. 5 Having perused the chambers summons and the affidavit on record, I am of the opinion that the amendments do not alter cause of action in any manner. The suit remains a suit for specific performance but it is some events which are sought to be incorporated. Some pleas are raised so as to amplify so as to support the claim for specific 3 chs 534-2009 performance. That does not in any manner change the cause of action nor it can be said that the amendment proposed lacks bonafides. For all these reasons, Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out within two weeks from the date of receipt of a copy of this order. Place Notice of Motion No.2173/2009 for hearing in the week commencing from 6th December, 2010. Liberty to file additional written statement after receipt of the amended plaint. (S.C. DHARMADHIKARI, J.)