1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 366 OF 2007 SUMMONS NO. 366 OF 2007 SUMMONS NO. 366 OF 2007 IN IN IN SUIT SUIT SUIT NO.2376 NO.2376 NO.2376 OF 1989 OF 1989 OF 1989 Prabulal Prabulal Prabulal C.Shah C.Shah C.Shah ...... Plaintiff Plaintiff Plaintiff vs vs vs P.M.Kulkarni P.M.Kulkarni P.M.Kulkarni & ors & ors & ors ...... Defendants Defendants Defendants & Kumar Kumar Kumar Prabhulal Shah Prabhulal Shah Prabhulal Shah ...... Applicant Applicant Applicant Mr.R.K.Dave Mr.R.K.Dave Mr.R.K.Dave for Plaintiff for Plaintiff for Plaintiff Mr.A.Dasgupta Mr.A.Dasgupta Mr.A.Dasgupta i/bCrawford Bayley & Co for i/bCrawford Bayley & Co for i/bCrawford Bayley & Co for Defendants Defendants Defendants CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : : : 12th April, 2007 12th April, 2007 12th April, 2007 P.C. P.C. P.C. 1.1.1. A preliminary objection is taken on behalf of A preliminary objection is taken on behalf of A preliminary objection is taken on behalf of the the the defendants defendants defendants that reliefs in this Chamber Summons that reliefs in this Chamber Summons that reliefs in this Chamber Summons cannot cannot cannot be granted unless the appointment was to be be granted unless the appointment was to be be granted unless the appointment was to be set set set aside which is not the prayer in the present aside which is not the prayer in the present aside which is not the prayer in the present Chamber Chamber Chamber Summons. Counsel for the plaintiff seeks Summons. Counsel for the plaintiff seeks Summons. Counsel for the plaintiff seeks time time time to carry out necessary amendment. Amendment to carry out necessary amendment. Amendment to carry out necessary amendment. Amendment toto to be carried out within one week from today be carried out within one week from today be carried out within one week from today failing failing failing which Chamber Summons to stand dismissed. which Chamber Summons to stand dismissed. which Chamber Summons to stand dismissed. IfIfIf amendment is carried out in time, Chamber amendment is carried out in time, Chamber amendment is carried out in time, Chamber Summons Summons Summons be listed for hearing on 3rd May, 2007. be listed for hearing on 3rd May, 2007. be listed for hearing on 3rd May, 2007. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)