*1* chs.972.915.09.nms.1876.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.972 OF 2009 IN SUIT NO.1494 OF 2009 Tarunkumar M. Dhumavat. ..Plaintiff -Versus- Anthony P. Lewis and others. ..Defendants .......... Snehal Shah a/w Chetan Raithatha i/b IC Legal for the Plaintiff. Sanjay Udeshi, for the Defendant No.3. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 08th October, 2010. P.C. 1 Heard the learned counsel appearing for the Plaintiff and the Defendant No.3. 2 The Defendant Nos.1 and 2 have filed an affidavit in reply but when the matter was called on yesterday and today, their Advocates (M/s L.C.Tolat & Company and Mr.Devang Shah) remained absent. The names M/s L.C.Tolat and Company and Mr.Devang Shah are duly shown on the daily board. From perusal of the Chamber Summons and the schedule and affidavit in support thereto, it is apparent that the Plaintiff desires to incorporate some events which would enable the Plaintiff to claim the final reliefs. All that the Plaintiff is seeking to incorporate is reference to some documents and proceedings instituted between the Defendant Nos.1 and 2 and it is not that as if by merely incorporating this, this Court has accepted the version of the Plaintiff. The Plaintiff will have to prove it and at that time the Defendants will have ample opportunity to meet the case *2* chs.972.915.09.nms.1876.09 set up by the Plaintiff. 3 The reply is dealing with the proposed amendment on merits with which I am not concerned at this stage. By keeping open all contentions on merits and other aspects, this Chamber Summons can be made absolute. 4 Therefore, the Chamber Summons is made absolute in terms of prayer clause (a) but by keeping open all contentions of the parties on merits of the amended pleas. The amendment be carried out within a period of two weeks from the date of receipt of the order. Let the amended plaint be served on the Defendants within four weeks thereafter. 5 The Chamber Summons is, accordingly, disposed of. (S.C. Dharmadhikari, J) *3* chs.972.915.09.nms.1876.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.915 OF 2009 IN SUIT NO.1494 OF 2009 Tarunkumar M. Dhumavat. ..Plaintiff -Versus- Anthony P. Lewis and others. ..Defendants .......... Snehal Shah a/w Chetan Raithatha i/b IC Legal for the Plaintiff. Sanjay Udeshi, for the Defendant No.3. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 08th October, 2010. P.C. 1 None present on behalf of the Defendant No.1 who has moved this Chamber Summons seeking inspection of documents which are stated to be relied upon by the Plaintiff in support of his request for interim relief. 2 The Chamber Summons is dismissed in default. (S.C. Dharmadhikari, J) *4* chs.972.915.09.nms.1876.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1876 OF 2009 IN SUIT NO.1494 OF 2009 Tarunkumar M. Dhumavat. ..Plaintiff -Versus- Anthony P. Lewis and others. ..Defendants .......... Snehal Shah a/w Chetan Raithatha i/b IC Legal for the Plaintiff. Sanjay Udeshi, for the Defendant No.3. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 08th October, 2010. P.C. 1 The Notice of Motion is allowed to be withdrawn with liberty to file a fresh after amendment of the plaint. (S.C. Dharmadhikari, J)