1 IN IN IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 591 OF 2005 SUMMONS NO. 591 OF 2005 SUMMONS NO. 591 OF 2005 IN SUIT NO. 3598 OF 2003 Mr. M.N. Dastur & Company (P) Ltd. ... Plaintiffs Versus UTI Asset Management Company Pvt. Ltd. and Ors. ... Defendants Mr. Mihir Kamdar i/by Udwadia & Udeshi for Plaintiff. Mr. Tushar Bhavsar i/by Shukla & Shukla for Defendant/Applicant. CORAM CORAM CORAM : A.M. KHANWILKAR,J. : A.M. KHANWILKAR,J. : A.M. KHANWILKAR,J. DATED DATED DATED : JUNE 13, 2005 : JUNE 13, 2005 : JUNE 13, 2005 P.C. P.C. P.C. . Heard counsel for the parties. Although plaintiff has been served long back, no reply has been filed opposing this application. The counsel for the Plaintiff however, contends that no sufficient cause has been made out. However, as no reply has been filed controverting the assertions made in the affidavit in support of chamber summons, the averments have remained uncontroverted. For the said reasons, in my opinion, the chamber summons deserves to be allowed in terms of Prayer Clause (a) and (b) on a condition that defendant shall pay cost of Rs.5,000/- to be paid to Plaintiff within one week from today. (A.M. (A.M. (A.M. KHANWILKAR,J.) KHANWILKAR,J.) KHANWILKAR,J.) 2