1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 245 OF 2008 IN SUIT NO. 1812 OF 1983 Navinchandra K. Shah & Anr. ... Plaintiffs. V/s. Stephen Rajaratnam and Ors. ... Defendants. And Sampath Daniel & Anr. ... Respondents. Ms. Lata Bachani i/b. M/s. I.R. Joshi & Co. for the Plaintiffs. Ms. Purnima Bhatia for the Defendants. CORAM : S.C. DHARMADHIKARI,J. DATED : 21st JULY 2009. P.C. :- This is a Chamber Summons by the Plaintiffs seeking leave of this Court to amend the plaint in terms of the Schedule. 2. In the affidavit in support it is stated that the present suit is filed for the reliefs more particularly claimed in the plaint and by the Original Plaintiffs in their capacity as trustee. 3. A letter has been received by the Plaintiff’s Advocate addressed by the Defendants’ Advocate intimating that Defendants 2 and 7 are no more trustees of the trust in question. Therefore, leave is sought to bring the present trustee on record and for other consequential amendments to the plaint. 2 4. A reply affidavit has been filed by Defendant No.1 in which the principal contention raised is that that Plaintiffs have to obtain prior consent from the Charity Commissioner for even impleading the new trustees on record or any amendment to the plaint. 5. After this matter was argued for some time, my attention is invited to the order passed in Chamber Summons No.1141 of 2006. In the order passed on 2nd August 2007, this Court noted all the aforesaid contentions but allowed the Chamber Summons keeping the challenge open. 6. Having perused the order dated 2nd August 2007 which is passed by considering an identical request, I am of the opinion that the present Chamber Summons can also be disposed off on the same terms. No prejudice will be caused to the parties as all pleas and contentions are kept open. 7. Accordingly, the Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out within a period of two weeks from the date of the receipt of the copy of this order. All clarifications as issued on 2nd August 2007 would also stand incorporated and in the present order this Court has allowed the Chamber Summons on the very terms which have been incorporated in the earlier order. (S.C. DHARMADHIKARI,J.)