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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION. CHAMBER SUMMONS No. 1474 of 2005. MMONS No. 1474 of 2005. MMONS No. 1474 of 2005. IN SUIT No. 756 OF 2003. Subhash S. Runwal. ..Plaintiff. Versus. Hanumantrao P. Sonwane. .. ..Defendant. and and and Ors. Ors. Ors. Mr.V. Jagtap i/b. M/s. Niranjan Jagtap & Co. for Plaintiff. Ms. Meenakshi Iyer i/b. Doijode Associates for Respondent No. 1 and 2. Mr. Anil Singh i/b. Mr. D.R. Shah for defendant Nos. 1 to 3. CORAM CORAM CORAM : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. DATE DATE DATE : 21st June, 2006. : 21st June, 2006. : 21st June, 2006. P.C. P.C. P.C. 1] The suit is filed by the plaintiff for specific performance of an agreement for sale dated 17th February, 2000, copy of which is annexed as Annexure "B" to the plaint. 2] During the course of inter-locutory proceedings the order was made directing the plaintiff to deposit a sum of Rs. 54,00,000/-in this Court. According to the defendants as also the respondents this is the balance consideration under the suit agreement. - 2 2 2 - 3] Aggrieved by imposition of such a condition for grant of interim relief in his favour, the plaintiff carried the matter in appeal and the Appellate Court set aside the condition imposed on him. 4] In the meanwhile, it is plaintiff’s case that on affidavit first defendant disclosed that he has entered into development agreement with respondent no. 1 and 2 for the consideration of Rs. 1.10 Crorers and copy of such agreement was placed on record in the Notice of Motion(interim proceedings) in the suit. 5] Considering this development which is subsequent to the institution of the present suit, the plaintiff has applied for amendment to the plaint. He seeks leave to incorporate the above particulars in the plaint and seeks appropriate relief based thereupon. 6] The learned counsel for the respondents once again seek time to file affidavit in reply. Adjournment was granted on the same ground earlier. Having noted her objections during the course of oral argument, I find no ground to grant further - 3 3 3 - adjournment. The request for adjournment rejected. 7] Mr.Singh, as also the learned counsel appearing for the respondents opposed this Chamber summons, firstly on the ground that the plaintiff is not entitled to any relief having failed to deposit the sum of Rs. 54,00,000/- in this Court. Secondly, the development, as is sought to be incorporated, has come to the knowledge of the plaintiff in January, 2003 but no steps have been taken till the present Chamber Summons taken out on 18th November, 2005. The claim is,therefore, highly belated and so the Chamber Summons should be dismissed. 8] In my view, the above contentions are not something which would take away liberty granted to the plaintiff to apply for amendment. If the events are subsequent to the institution of the suit. It is not for me to decide as to whether by incorporating them or otherwise the plaintiff would succeed in proving his claim. That is something on the merits of the matter and would be dealt with by the Court trying the suit or taking cognizance of any inter-locutory application. As far as the delay in taking out present Chamber Summons,in law, it is well settled that such delay can be compensated by payment of costs. All applications for amendment have to be - 4 4 4 - liberally granted. More so, when there is no complaint that cause of action has changed or that the application lacks bona-fides. 9] Accordingly rejecting all objections, this Chamber Summons is made absolute in terms of prayer clause (a) to (c). 10] Amendment to be carried out within two weeks from today. Copy of the amended plaint to be served within four weeks thereafter. However, all this can be done provided the plaintiff pays costs quantified at Rs.1,500/- each to the defendant’s Advocate as also to the respondents. (S.C.DHARMADHIKARI (S.C.DHARMADHIKARI (S.C.DHARMADHIKARI,J)J)J)