1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1573 OF 2008 M/s.Karishma Agency & Anr. .. Petitioners Versus The Gr.Bombay Coop.Bank Ltd. .. Respondent Mr.N.N.Bhadrashete for petitioners Mr.P.K.Dhakephalkar for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 13th March 2008 P.C. . The amendment application by the petitioners who are original disputants has been rejected by the order passed on 10th April 2007 by the trial court. A perusal of para 6 of the 2 order denotes that the trial court has been influenced to a great extent by the fact that there is a change in the cause of action, claim as sought to be incorporated is time barred and that the remedy of the petitioners is to file an independent dispute. 2. This conclusion is affirmed by the Maharashtra State Coop.Appellate Court by an order passed on 18th December 2007. 3. After hearing Mr.Bhadrashete appearing for petitioners and Mr.Dhakephalkar for respondent and perusing with their able assistance, the petition and the annexures thereto, I am satisfied that each of the grounds which have been put forward to reject the claim are devoid of any substance. Firstly, original dispute refers to certain amounts and the same having been adjusted against the F.D.receipts so also there are declarations claimed. However, 3 the entries and the specific adjustments came on record during the course of evidence. Therefore, nothing prevented petitioners from incorporating these facts and there is no question of any cause of action being altered. 4. Insofar as the contention of claim being time barred is concerned, the law is well settled. Amendments can be granted subject to plea of limitation being kept open. Thus, mere bar of limitation does not prevent a court from considering an application for amendment and granting it subject to the claim of limitation. The other object of allowing application is to avoid multiplicity of proceedings. Therefore, amendment should not have been rejected. 5. In such circumstances, the orders under challenge cannot be sustained. They are quashed and set aside. Amendment application is granted subject to bar of limitation being kept open. 4 Merely because this Court had granted amendment does not mean that any opinion is expressed on the merits of the controversy either. Each one of these pleas are kept open. Amendment application is granted in these terms. No costs. Petition disposed of accordingly. Additional written statement, if any, within four weeks from the date of receipt of the amended plaint/dispute. (S.C.Dharmadhikari, J)