1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1616 OF 2006 IN SUIT NO.1170 OF 2005 Gharda Chemicals Ltd. & anr. ..Plaintiffs V/s. Jer R. Kavasmaneck & ors ..Defendants Mr.Sunil H. Sen with Mr.Shehzad A.K.Najam-S-Sani i/b.M/s.Maneksha & Sethna, Advocate, for the plaintiffs Mr.Umang Jain i/b.D.H.Law Associates, Advocate, for the defendant Nos.4 & 5 Mr.Snehal Shah i/b.Dhru & Co., Advocate, for the defendant Nos.1 to 3, 6 & 7 Dr.Veerendra Tulzapurkar, Senior Advocate with Mr.Amit Jamsandekar i/b.Little & Co., for the defendant No.8 CORAM : R.M.SAVANT, J. DATE : 17TH NOVEMBER, 2008 P.C. . By the above Chamber Summons, the applicants/original plaintiffs seek amendment of the plaint in terms of the Schedule annexed to the Chamber Summons. The amendment is sought on the ground that the facts which are sought to be introduced in the 2 plaint by way of amendment, came to the knowledge of the plaintiffs after filing of the suit. According to the plaintiffs, the amendment does not change the nature of the suit or the cause of action in the suit as originally filed. 2. During the course of the hearing of the above Chamber Summons, Mr.Sen the learned counsel for the plaintiffs restricted the amendment sought, from page No.19 para 56(e) to the end of the said Schedule. Both Dr.Tulzapurkar, the learned Senior Counsel for the defendant No.8 and Mr.Snehal Shah the learned counsel appearing for the defendant Nos.1 to 3 and 6 to 7 have opposed the amendment on the ground that if the said amendment is allowed a new case would be introduced in the plaint. 3. After hearing the learned counsel for the parties and considering the amendment sought as also considering the well settled principles applicable in the matter of considering an application for amendment in my view, to avoid multiplicity of proceedings and for a complete adjudication of the issues between the parties, it would be 3 just and proper to allow the Chamber Summons by making it absolute in terms of prayer clause (a) restricted to paragraph 56(e) onwards till end of the said Schedule. Amendment to be carried out within a period of eight weeks. 4. An amended copy of the plaint to be served on the concerned defendants within four weeks thereafter. Needless to say that the contentions of the defendants as regards limitation etc. are kept open. The plaintiffs to pay costs of Rs.2,000/- each to the defendant Nos.1 to 3, 6, 7 and 8 within a period of four weeks from date. The defendants would be at liberty to file their Written Statement within a period of eight weeks of the amended copy of the plaint being served on them. (R.M.SAVANT, J.)