*1* CHS-1731-09.sxw Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1731 OF 2009 IN SUIT NO.684 OF 2009 Shashikant Arjun Desai Chief Promoter of Swatantra Nagar (SRA) Co-op. Hsg. Soc. Ltd. (Proposed) ... Plaintiffs V/s. Jal Private Ltd. & Ors. ... Defendants Ms. Nikita Trivedi, i/b. M/s. K.V. Chheda & Co., for the Plaintiffs. Mr. Manoj Nikose for Defendant No.1. CORAM : S.C.DHARMADHIKARI, J. DATE : 28 th November, 2011. P.C. : 1. This is Plaintiffs’ Chamber Summons seeking amendment to the plaint. 2. It is duly served. The only Defendant who is objecting to the amendment is Defendant No.1. It is stated that the Plaintiffs have no locus to file this Suit because they are an unregistered Body. Now, they are stating that they are registered under the Societies Registration Act, 1860 and Bombay Public Trust Act, 1950. 3. It is well settled that the merits of the amendment are not gone into and decided at the stage of consideration of an application for *2* CHS-1731-09.sxw amendment. None of the versions are accepted at this stage. Therefore, there need not be any apprehension in the mind of the Counsel appearing for Defendant No.1 that by grant of such amendment, the status of the Plaintiffs is accepted. 4. Without prejudice to the rights and contentions of all the parties on the issue of jurisdiction of this Court, maintainability of the Suit and merits of the Plaintiff’s claim, this Chamber Summons is made absolute in terms of prayer clause (a). 5. Amendment be carried out within a period of two weeks from the date of receipt of a copy of this order. Amended plaint be served within two weeks thereafter. (S.C. Dharmadhikari, J.)