: 1 : chs-1489-09-U=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 1489 OF 2009 IN SUIT NO. 3668 OF 1997 Sorab K. Modi & Anr. .. Plaintiffs v/s. Bank of Baroda & Ors. .. Defendants ......... Mr. Sorab K. Modi plaintiff in person / applicant in CHS Mr. Mikhail Behl i/by Kanga & Co. for defendant no. 11 Mr. H. Mansukhlani for defendant no.10 ......... CORAM : R.Y.GANOO, J. DATE : 28th OCTOBER, 2010 P.C. : 1. It is clear that reference to the Notice of Motion No.3337 of 1997 in the aforesaid chamber summons is not proper and chamber summons is taken as having been taken out in the suit itself. Party in person informs the Court that defences of defendant nos.2 to 9 and 12 and 13 are already struck off by order passed by the Prothonotary and Senior Master. Affidavit of service is filed. All the defendants are served. Heard party in person and learned Counsel appearing on behalf of defendant nos. 10 and 11 respectively. The party in person stated across the bar that paragraphs appearing in Schedule-I should be added after paragraph 49 of the plaint. Party in person stated that contents of the Schedule-II should be added as last exhibit to the plaint. : 2 : chs-1489-09-U=.sxw 2. After having perused affidavit-in-support and text of the Schedule I and II, I am inclined to observe that the plaintiffs would like to add certain facts in the plaint for the purposes of applying for final reliefs. In view of this, amendment can be granted. Hence, following order is passed to dispose of the chamber summons. ORDER (i) Chamber Summons is made absolute in terms of prayer clauses (a) and (b). (ii) It is clarified that this amendment is granted subject to the point of limitation, which can be raised by any of the defendants at an appropriate stage. (iii) Plaintiffs to amend the plaint on or before 24th November, 2010. (iv) All the contents of Schedule-I be added after the paragraph 49 of the plaint. Contents of Schedule-II be treated as exhibit and be exhibited as the last exhibit of the plaint. (v) There shall be no order as to costs. Plaintiffs to serve amended copy of the plaint upon the defendants by appropriate method of service on or before 11th January, 2011. (vi) Suit is set down for directions on 13th January, 2011. (R.Y.GANOO, J.)