1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.17 OF 2008 IN SUIT NO.1027 OF 1996 Ramniranjan Kedia Tourism Services Pvt.Ltd .. Plaintiffs -versus Airport Authority of India & anr. .. Defendants. Mr V.,V. Khemka for the Plaintiff. Mr Hemant Prabhulkar, i/b Jurisconsultus for the defendant No. 1. CORAM: R. G. KETKAR, J DATED: 18th September, 2009 P.C. 1. This Chamber Summons is taken out by the plaintiffs for seeking permission to amend the plaint in terms of schedule attached to this Chamber of Summons. The Plaintiffs have instituted this suit for declaration that the contract dated November 14, 1995 entered into between the plaintiffs and the defendant No.1 stands validly terminated among other prayers. 2 2. During the pendency of the suit, by virtue of the orders passed, by this Court, the defendant No. 1 was permitted to encash the fixed deposit receipts. In view of these developments, plaintiffs have taken out this Chamber Summons for bringing on record these subsequent developments that took place during the pendency of the suit. 3. The defendant No.1 has resisted the Chamber Summons by filing reply affidavit of Dr. S.P. Choudhary, Senior Manager (SG), inter alia on the ground that the Chamber Summons suffers from latches. No sufficient cause is made out for carrying out the amendment and finally the prayers in the present Chamber Summons are identical with the Notice of Motion taken out by the plaintiffs and the said prayers were rejected by this Court by order dated January 6, 1998 and confirmed by the Appellate Court on February 6, 1998. On these grounds, the defendant No.1 resisted the Chamber Summons. 4. I have heard learned counsel Mr V.V. Khemka, for the plaintiffs and learned counsel Mr.Hemant Prabhulkar, for the defendant No.1. 5. By the proposed amendment, the plaintiffs intend to bring on record the developments that took place during the 3 pendency of this suit. These developments are based upon the orders passed by this Court, permitting the defendant No. 1, to encash fixed deposits. In my opinion, the proposed amendment does not alter the nature of the suit and in order to determine the controversy between the parties, it is absolutely necessary to permit the plaintiffs to carry out the proposed amendment in the Chamber Summons. No prejudice would be caused to the defendant No.1. Hence the following order. Order. i) The Chamber Summons is made absolute in terms of prayer clause (a) with no order as to costs. ii) The Plaintiffs shall carry out the amendment within four weeks from today by furnishing the copy of the amended plaint to the defendants within two weeks thereafter. iii) The defendant No.1 shall be at liberty to file written statement to the amended portion, within two weeks after service of copy of the amended plaint. iv)The Chamber Summons is disposed of in the aforesaid terms with no order as to costs. (R.G. KETKAR, J)