Dmt 1 app115-03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION APPEAL NO. 115 OF 2003 IN CHAMBER SUMMONS NO. 381 OF 2002 IN SUIT NO. 3668 OF 1997 WITH NOTICE OF MOTION NO. 398 OF 2003 AND NOTICE OF MOTION NO. 499 OF 2003 Sorab K. Modi & Anr. .. Appellants.. versus Bank of Baroda & Ors. .. Respondents. ..... Mr. Sorab K. Modi First Appellant present in person. Mr. Karl Shroff with Mrs. Prachi Raj Mhatre i/by Dmt 2 app115-03 M/s. M.S. Bodhanwala for Respondent Nos. 1 to 7. Mr. Mikhail Behl i/by Kanga & Co. for Respondent No.11. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 09 DECEMBER 2011. P.C. : This appeal arises out of an order of a learned Single Judge dated 15 September 2002 dismissing an application for amendment of the plaint. At the hearing of the appeal the Appellant who appears in person states that as a result of the fact that the valuation of the shares would have substantially undergone a change as a result of the passage of years, the Appellant would need to take out an appropriate application for amendment of the plaint afresh. In that view of the matter, the Appeal which arises out of the dismissal of the earlier Chamber Summons for amendment does not survive. Dmt 3 app115-03 We, accordingly, dispose of the Appeal. However, we grant liberty to the Appellant to take out an appropriate application for amendment before the Learned Single Judge incorporating necessary averments and reliefs as may be sought in the suit. 2. The Appeal is accordingly, disposed of. However, having regard to the fact that the suit is pending since 1997 and the Appellant is a senior citizen, we expedite the trial of the suit. The First Respondent has agreed to co-operate in the expeditious disposal of the suit. The parties will be at liberty to move the appropriate Court for directions so as to facilitate the framing of the issues and for recording of evidence. 3. In view of the disposal of the Appeal, both the Notices of Motion stand dismissed. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) Dmt 4 app115-03