IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1084 OF 2007. CHAMBER SUMMONS NO.1084 OF 2007. CHAMBER SUMMONS NO.1084 OF 2007. IN IN IN SUIT NO.3029 OF 1992. SUIT NO.3029 OF 1992. SUIT NO.3029 OF 1992. Kisan Narayan Keni & Anr. ..Plaintiffs versus M/s. Atul Builders & Associates & Ors. ..Defendants Mr.D.H.Mehta i/b. N.M.Shah for the Plaintiff Mr.Vishal Kanade for the Defendant Nos.1 to 5 Ms.S. D’Mello for Defendant Nos.8, 9 & 11 Mr.Prashant Desai i/b. Bilawala & Co. for Defendant Nos.13 to 17 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 13th January, 2009. DATED : 13th January, 2009. DATED : 13th January, 2009. P.C. 1. This Chamber Summons is taken out for amendment of the plaint i.e. to say to join present respondents as defendants and for certain other amendments on account of intervening developments which have taken place since after the filing of the suit. Having gone through the text of the amendment and having heard the Counsels on both the sides, it is required to be noted that the amendment can be granted subject ofcourse to leaving the rights of the added respondent to put up their say to the plaint as a whole. In my view, the amendment is required to be granted. -2- 2. Prayer Clause (b) of the Chamber Summons is with reference to asking defendant Nos.1 to 5 and respondent No.4 to furnish certain documents in relation to the transaction entered into by and between defendant Nos.1 to 5 and respondent No.4. The defendants are required to be put to terms as regards placing the documents in the hands of the plaintiffs. In my view, no damage would be caused if the order in terms of prayer clause (b) would be passed as the said order is going to be passed to enable the plaintiffs to know all the facts and circumstances and then take up the suit to its logical end. The defendant Nos.1 to 5 and respondent No.4 shall furnish whatever copies of documents which are in their possession and power and add a word at the end of the forwarding letter that apart from the aforesaid documents they do not have any other document. 3. For the reasons mentioned aforesaid, I pass the following Order. . Chamber Summons is made absolute in terms of prayer clause (a) and (b). -3- . Defendant Nos.1 to 5 and present respondent No.4 to furnish documents on or before 20.2.2009. . Plaintiffs to amend the plaint on or before 30.1.2009. Plaintiffs to serve amended copy of the plaint upon present defendant and newly added defendant on or before 10.2.2009. . Suit stands adjourned to 24.2.2009 for directions. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)