: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.134 OF 2007 IN SUMMARY SUIT NO.816 OF 2006 M/s.Prince Pipes & Fittings Pvt.Ltd. ....Plaintiff V/s. M/s.Bhawan Adhar & Anr. ....Defendants Mr.Birendra Saraf i/b Kiran Jain & Co. for the Plaintiff. Mr.C.K. Ardeshir i/b Mahendra C. Maholkar for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 20TH AUGUST, 2008. P.C. : 1. The suit is filed to recover the price of the goods sold and delivered by the Plaintiff to the Defendants. Paragraph 15 of the plaint which deals with the jurisdiction states that one of the terms and conditions of the said invoice confers exclusive jurisdiction upon the Courts in Mumbai. The invoices relied upon by the Plaintiff do not contain any such condition. 2. By this Chamber Summons the Plaintiff has alleged that the terms and conditions pertaining to the invoices are always on the reverse of the first copy of the invoice. The terms do not appear on the : 2 : second and third copies, one of which is retained by the Plaintiff and the other is forwarded to the Excise Department. 3. Whether the contention is correct or not is the question to be determined on merits. The amendment does not either change the cause of action or withdraw any condition. 4. The other amendment pertains to a mere reference to the facts regarding proceedings adopted between the parties in other Courts. 5. Mr.Ardeshir, the learned counsel appearing on behalf of the Defendants states that the proforma annexed to the Chamber Summons does not even pertain to the said transaction. It is important to note Mr.Ardeshir’s submissions that the terms and conditions relied upon by the Plaintiff as forming part of the proforma invoice annexed to this Chamber Summons never formed part of the invoice on the basis whereof the said goods were allegedly sold by the Plaintiff to the Defendant. He states that the said goods were sold under the invoice which did not contain any of the said terms and conditions. The identity of the invoices and the veracity thereof are matters for consideration at the appropriate stage : 3 : when the merits are considered. 6. Mr.Ardeshir also states that the amendment ought to be allowed subject to limitation. There is no question of limitation. This is not a separate cause of action pleaded. It is merely an explanation in respect of the facts already stated in the plaint. 7. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). The amendments to be carried out within two weeks from today.