: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1476 OF 2005 IN SUIT NO.2256 OF 1998 H.G. Bajaj & Anr. ....Plaintiffs V/s. Vijay Agarwal & Ors. ....Defendants Mr.Cyrus Ardeshir i/b Mr.Ravi R.Goenka for the Plaintiffs. Mr.G.B. Kedia for Defendant Nos.1 to 5. CORAM : S.J. VAZIFDAR, J. DATED : 31ST JANUARY, 2006. P.C. : 1. The suit is filed inter-alia for a declaration that Defendant Nos.1 to 5 are only pledgees in respect of 3,07,650 shares of Defendant No.14. The Plaintiffs have therefore, also prayed for a declaration ordering Defendant Nos.1 to 5 to deliver and hand over the suit shares against the payment of the amounts secured by the alleged pledge. By the present Chamber Summons, the Plaintiffs seek reliefs in respect of the accretions to the said shares including in respect of the dividend and bonus shares. 2. The Defendants have raised three points. Firstly, it was submitted that the Plaintiffs will : 2 : have to pay the additional court fees. The office will determine what, if any, additional court fees are payable. This order will be subject to the payment of court fees as determined subject to the Plaintiffs’ right to challenge the determination. 3. The second contention is that the cause of action in the suit was not available to the Plaintiffs on the date of filing of the suit as the said shares had allegedly been sold by Defendant Nos.1 to 5. There is a dispute regarding this. This dispute is however one on merits. Thus the contention is not a bar to granting the Chamber Summons. 4. Lastly it is submitted that the amendment is barred by limitation. It is clarified that this order is subject to limitation. 5. Admittedly, the amendment relates directly to the question of ownership of the said 3,07,650 shares which is the main subject matter of the suit. Thus it is unnecessary to direct the Plaintiffs to file a separate suit for the reliefs claimed by way of amendment. By this amendment, the entire dispute between the parties can conveniently be disposed of in the present suit itself. The Plaintiffs’ entitlement : 3 : to the reliefs claimed in the amendment would be a direct consequence of the result in the main prayer. 6. The Chamber Summons is made absolute in terms of prayer (a). The amendment to be carried out within four weeks from today. 7. The amendment is subject to limitation. The amendment is also subject to additional court fees, if any, that may be determined by the office subject to the Plaintiffs’ right to challenge the determination.