1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 438 OF 2009 IN SUIT NO. 2997 OF 1992 Bansi S. Mehta & Anr. ...Plaintiffs. Vs. Indian Express Newspaper (Bombay) Ltd. and Ors. ...Defendants. Mr. Vinayak Shete i/by Poorvi Kamani for the Applicant. Mr. Pravin Samdani a/w Ms. Bindi Dave & Ms. B. John i/by M/s. Wadia Ghandy & Co. for the Plaintiffs. CORAM :- ANOOP V. MOHTA, J. DATED :- 23rd JULY, 2009. P.C.- 1 Defendant Nos. 1 to 4, 7 and 8 and the Applicant, after the order dated 25th July, 2008 passed in Company Petition No. 548 of 2008 and 549 of 2008 in the matter of a Scheme of arrangement between the Indian Express Newspapers (Mumbai) Ltd. and the Indian Express Limited, moved this Chamber summons. 2 The Scheduled 1 of the Chamber Summons provides the details including proposed amendment. 2 3 Considering the averments made and for proper adjudication, as raised, I am inclined to grant this Chamber Summons in terms of prayer clauses (a) and (b). 4 The statement is made that Defendant No.5 is expired long back. The suit is, therefore, abated against Defendant No.5. 5 The Plaintiff is permitted to make consequential amendment pursuance to this order on or before 6th August, 2009. 6 The Chamber Summons is accordingly allowed in terms of prayer clauses (a) and (b). No costs. (ANOOP V. MOHTA, J.)