spb/- 1 wp10307-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 10307 OF 2010 Ashapura Minechem Limited ... Petitioner. V/s. M/s. Marine Syndicate Pvt.Ltd., & Ors. ... Respondents. ­­­­­ Mr. Y.C. Dheber for the Petitioner. Mr. D.H. Mehta a/with Asha Nari & Sheetal Agne i/by Divya Shah & Associates for the Respondent No.1. Mr. S.K.Shinde for Respondent No.4. ­­­­­ CORAM : D. G. KARNIK, J. DATE : 25th JULY, 2011. P.C. : 1 The petitioner, who is a plaintiff, filed a suit against the respondents for injunction, restraining it from using jetty, dockyard and conveyor belt for the purpose of export till 3rd December, 2004. An application for interim injunction was made in the suit which was rejected. Thereafter, the petitioner made an application for amendment of the plaint, seeking to make a claim for damages for breach of the contract. By the order dated 14th September, 2010, the application was rejected. That order is impugned in this petition. 2 In my view claim for damages is ex­facie barred by limitation. The spb/- 2 wp10307-10.sxw contract was valid up to 3rd December, 2004. Suit for damages for breach of the contract, therefore, could be filed before 3rd December, 2004. The amendment seeking damages for breach of the contract was made on 4th July, 2009 i. e.. after lapse of more than three years from the date of cause of action. In my view, therefore, the court committed no error in rejecting the application for amendment, which was barred by limitation. 4 Petition is, therefore, rejected summarily. [D.G. KARNIK, J.]