mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6034 of 2008 Mohan P. Tekavde .. Petitioner versus Municipal Corporation of Gr.Bombay and ors .. Respondent ... Mr.A.S. Khandeparkar with Mrs.Swati M. Tekayde for the petitioner. Mr.A.N. Nandanwaf for respondent no.1. CORAM : A.M.KHANWILKAR, J DATED : 29th August 2008 P.C.: 1. The present Chamber Summons has been rejected by the court below on the finding that the assertion in the affidavit is not supported by concise statement or document. The other reason recorded is that the matter is pending since 2000. Taking the second reason first, if the petitioner were to satisfy the trial court that he acquired information about the property having been declared as slum area only recently, that could be good justification for permitting the petitioner to carry out the proposed amendment. That obviously has not been spelt out in the chamber summons as filed. 2. In so far as the first reason recorded by the trial court, I am in agreement with the said reason that the relief in the Chamber Summons is not supported by concise statement of material facts or documents. In that sense, there is no infirmity with the view taken by the trial court in rejecting the chamber summons. However, as the plea taken by the petitioner would be a crucial fact to decide the controversy in issue, in the interest of justice, Petitioner is granted liberty to apply afresh to the trial court setting out all the necessary details and substantiate the plea taken on affidavit which alone can be the basis for permitting the amendment in the pending suit. The trial court will be free to consider that application on its own merits in accordance with law. 3. Petition is disposed off on the above terms. (A.M.KHANWILKAR, J)