IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.1601 OF 2005 NO.1601 OF 2005 NO.1601 OF 2005 IN IN IN SUIT SUIT SUIT NO.1673 NO.1673 NO.1673 OF 1998 OF 1998 OF 1998 V.Shailesh V.Shailesh V.Shailesh Bajaj Bajaj Bajaj ...... Plaintiff Plaintiff Plaintiff vs vs vs Creative Creative Creative Garments Ltd & anr.. Garments Ltd & anr.. Garments Ltd & anr.. Defendants Defendants Defendants Mr.Zal Mr.Zal Mr.Zal Andhyarujina Andhyarujina Andhyarujina i.b Ravi Goenka for i.b Ravi Goenka for i.b Ravi Goenka for Plaintiff Plaintiff Plaintiff Mr.G.B.Kedia Mr.G.B.Kedia Mr.G.B.Kedia for for for Defendant No.1 Defendant No.1 Defendant No.1 Mr.Harish Mr.Harish Mr.Harish Pandya Pandya Pandya with Mr.L.V.Bamma i.b S.Satpute with Mr.L.V.Bamma i.b S.Satpute with Mr.L.V.Bamma i.b S.Satpute & Co for Defendant No.2. Co for Defendant No.2. Co for Defendant No.2. CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 2nd March, 2007 : 2nd March, 2007 : 2nd March, 2007 P.C. P.C. P.C. 1.1.1. The plaintiff seeks amendments in a plaint to The plaintiff seeks amendments in a plaint to The plaintiff seeks amendments in a plaint to alter alter alter and change Exhibit D to the plaint and to and change Exhibit D to the plaint and to and change Exhibit D to the plaint and to carry carry carry out amendments to bring subsequent events on out amendments to bring subsequent events on out amendments to bring subsequent events on record. record. record. It is the case of the defendant no.2 that It is the case of the defendant no.2 that It is the case of the defendant no.2 that amendments amendments amendments are sought in Exhibit D to the plaint to are sought in Exhibit D to the plaint to are sought in Exhibit D to the plaint to overcome overcome overcome the case of the defendant no.2 in a the case of the defendant no.2 in a the case of the defendant no.2 in a certain certain certain criminal proceeding filed by the criminal proceeding filed by the criminal proceeding filed by the plaintiff’s plaintiff’s plaintiff’s father against defendant no.2. The father against defendant no.2. The father against defendant no.2. The only only only issue in this Chamber Summons is whether the issue in this Chamber Summons is whether the issue in this Chamber Summons is whether the amendments amendments amendments can be allowed or not. The intent of can be allowed or not. The intent of can be allowed or not. The intent of the the the party and the fact that they would not result party and the fact that they would not result party and the fact that they would not result inin in reliefs reliefs reliefs being granted is not an issue before the being granted is not an issue before the being granted is not an issue before the court court court in a Chamber Summons taken out under Order 6 in a Chamber Summons taken out under Order 6 in a Chamber Summons taken out under Order 6 Rule Rule Rule 17 C.P.C. 17 C.P.C. 17 C.P.C. 2.2.2. Chamber summons is made absolute as prayed. Chamber summons is made absolute as prayed. Chamber summons is made absolute as prayed. 2 The The The plaintiff plaintiff plaintiff shall carry out the amendments in two shall carry out the amendments in two shall carry out the amendments in two weeks. weeks. weeks. The plaintiff shall also amend copies of The plaintiff shall also amend copies of The plaintiff shall also amend copies of the the the plaint served upon both the defendants within 2 plaint served upon both the defendants within 2 plaint served upon both the defendants within 2 weeks. weeks. weeks. The plainfiff shall be allowed to amend the The plainfiff shall be allowed to amend the The plainfiff shall be allowed to amend the plaint plaint plaint only after payment of court fees on only after payment of court fees on only after payment of court fees on valuation valuation valuation put by the plaintiff upon the reliefs put by the plaintiff upon the reliefs put by the plaintiff upon the reliefs sought sought sought in the plaint. in the plaint. in the plaint. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)