Good Value Financial Services ... vs P And P Associates
2023 Latest Caselaw 8835 Bom

                                         1           501 ia 1353-23 in comss 1477-19-os.doc


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        ORDINARY ORIGINAL CIVIL JURISDICTION

                      INTERIM APPLICATION NO.1353 OF 2023
                                       IN
                    COMMERCIAL SUMMARY SUIT NO.1477 OF 2019

Good Value Financial Services Private Limited ... Applicant/Plaintiff
       Vs.
P & P Associates                              ... Defendant
                                     -------

Ms.V. Joshi i/by Mr.Abhishek Adke, Advocates for the Plaintiff/Applicant.
Mr.Meet Vora i/by M/s Navdeep Vora & Associates, Advocate for the Defendant.
                                   -------

                         CORAM :       ABHAY AHUJA, J.

                         DATE :        29 AUGUST, 2023.


P.C. :

1. Matter is on production board at Sr. No. 501.

2. Heard learned counsel for the parties.

3. By order dated 17th August, 2023, the interim application seeking

amendment in terms of the schedule annexed was allowed in terms of prayer

clause (a) which reads as under:-

"That this Hon'ble Court be pleased to allow the Plaintiff to amend the Plaint and the Summons for Judgment as per the Schedule annexed to this Application."

4. Today the learned counsel for the Plaintiff has moved this praecipe

Priya R. Soparkar 1 of 3 2 501 ia 1353-23 in comss 1477-19-os.doc

seeking to tender across the Bar with a copy to the other side, a draft

amendment to the summons for judgment which according to her had been

inadvertently left out from the schedule to the interim application. Learned

counsel would submit that the schedule to the interim application through

inadvertence only contained the amendment to the plaint. Learned counsel

would submit that although the amendment to the plaint and summons for

judgment are almost identical barring a few paragraph numbers and a few

other paragraphs, this application be allowed.

5. Learned counsel for the Defendant submits that although he has received

a copy of the praecipe this afternoon, however, on a perusal of the draft

amendment annexured to the praecipe, he has no objection, if the draft

amendment is allowed. He however submits that in view of this, the time to

file reply be extended.

6. Having heard the learned counsel and having perused the papers and

proceedings, the draft amendment as requested by way of praecipe is allowed.

Let the amendment to the plaint as well as the summons for judgment be

carried out within a period of two weeks.

7. Let the amended plaint as well as the summons for judgment be served

upon the other side within a period of one week thereafter.

Priya R. Soparkar                                                                  2 of 3
                                                                           3       501 ia 1353-23 in comss 1477-19-os.doc

8. Let the reply to the amended summons for judgment be filed within a

period of two weeks after receipt of the amended plaint and summons for

judgment.

9. List on 11th October, 2023.

10. Praecipe is disposed in the above terms.

                                                                                       (ABHAY AHUJA, J.)




                                Priya R. Soparkar                                                                   3 of 3


Signed by: Priya Soparkar
Designation: PA To Honourable Judge
Date: 30/08/2023 14:44:06