1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO.223 OF 2009 IN SUIT NO. 4018 OF 1992 M/s.Tata Sons Ltd. .... Plaintiffs vs Asok Chaterjee of Bombay. ... Defendant Mr.Mayur Khandeparkar i/b. M/s.I.R.Joshi for the plaintiffs. Mrs.S. M. Dave for the defendant . CORAM: ANOOP V. MOHTA, J. DATE : 24th July, 2009 P.C.: 1 The defendant has taken out this chamber summons to amend the written statement and basically the counter claim by putting various averments, facts which are already part of the written statement. 2 There is no dispute that there are no new averments made or raised by this amendment by the defendant. The defendant has filed written statement to the counter claim some time in the year 2008. It is not that the defendant has not raised any counter claim. There is a clear counter claim raised with specific prayer, but very restrictive averments are made in the paras of counter claim. The defendant, who has filed written statement is denying each and every paragraphs of the plaint and by raising specific pleas in support of his defence. Those pleas, in my view, are sufficient to consider the prayer of counter claim. In 2 the present case, if defendant has already raised those specific pleas and based upon that made only two restricted paragraphs with specific prayer of counter claim, that itself is sufficient to consider the case/prayers so made in the counter claim. 3 The submission that by amending this counter claim, after more than 16 years, will cause great injustice and hardship to the other party is unacceptable. When the basic counter claim as already raised which is within limitation, by this chamber summons or by putting those repeated averments and paras specifically in the portion of the counter claim, in no way changes the nature of defence and/or the counter claims so raised. Even otherwise, the elaboration of the basic pleadings already raised in no way even affect the merit of the matter even on the point of limitation. However, considering the defence so raised in this chamber summons, the point of limitation even if any is kept open. 4 Resultantly, chamber summons is allowed. Amendment to be carried out within four weeks. No costs. 5 The main matter be listed for framing of issues. (ANOOP V. MOHTA, J.)