1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1002 OF 2009 IN SUIT NO. 3327 OF 2008 Sushil Motilal Mehta & Ors. ....Plaintiffs Versus A.B.N. Amro Bank N.V. & Ors. ....Defendants Mr. Rajan Malkani, i/b. M/s. Rajan Malkani & Associates, Advocates for the Plaintiffs. Mr. Amit Jamsandekar a/w. Mr. R. P. Jain i/b. Mr. Praveer Shetty, Advocate for Defendant Nos. 1 to 6. Mr. Mayuresh Borkar i/b. M/s. DSK Legal, Advocates for Defendant Nos. 9, 11, 12 & 15. CORAM : R. V. MORE, J. DATE : 20TH JANUARY, 2010. P.C. : Heard learned Counsel for the Plaintiffs and Defendants. 2. The above chamber summons is taken out by the Plaintiffs for amending the plaint in terms of schedule "A", "B" and "C". Schedule "A" pertains to amendment in the cause title of the suit. By the said amendment, the Plaintiff wants to substitute the words "Proforma Defendants" by word "Defendants". So far as amendment in schedule "B" is concerned, the same is consequential to the amendment mentioned in schedule "A". By amendment mentioned in schedule "C", the Plaintiffs wants to introduce some more prayers on the allegations, already there in the plaint. 2 3. The amendments are opposed by the learned Counsel for the Defendants, firstly on the ground that the amendments are frivolous, secondly the Court has no jurisdiction to entertain the suit and thirdly, the nature of the suit will be changed. 4. Having heard the learned Counsel and having gone through the original pleadings and proposed pleadings, I find the amendments are not contrary to the contentions raised in the suit. I am satisfied that by the proposed amendments, the nature of the suit also will not be changed. Infact, the proposed amendments are consistent with the original pleadings. So far as the objection raised by the learned Counsel for the Defendants about jurisdiction is concerned, the same is already taken by the Defendants in the notice of motion filed by the Plaintiffs for interim relief. The issue of maintainability of the suit is separate issue which can be decided at appropriate stage after hearing both the sides. However, on that ground amendment cannot be refused. It is a settled law that merits of the amendments cannot be gone into and it is for the party to prove the allegations made therein. In the above circumstances, the chamber summons is allowed in terms of prayer clauses (a) (b) and (c). 5. Necessary amendments be carried out by the Plaintiff within a period of two weeks from today and amended copy of the plaint be served on the Defendants within further period of two weeks. 3 6. Needless to mention that the Defendants are at liberty to file additional written statement. Sd/- (R. V. MORE, J.)