TRANSMARINE CORPORATION Vs. ZENSAR TECHNOLOGIES LTD

JUDGEMENT

(1.) Leave granted.

(2.) In a suit for eviction from an area of 3000 sq. ft. on the 4th floor of a building known as "Dubash House" situated at Ballard Estate Mumbai, an application for amendment of the written statement was filed at the instance of the defendants/respondents. The respondents are contesting this suit by filing a written statement and also by filing an additional written statement. At the stage of recording evidence in the suit, the respondents filed an application for amendment of the written statement, which was rejected by the Court of Small Causes at Bombay on 13th of January, 2007. A second application for amendment of the written statement was again filed at the instance of the respondents on 12th of March, 2007, which too was rejected by the same Court by an order dated 28th of June, 2007. A revisional application, which was filed against the order dated 28th of June, 2007 rejecting the application for amendment for the second time, was also rejected by the Revisional Court on 14th of August, 2007.

(3.) Feeling aggrieved, the respondents filed a writ application before the High Court of Judicature at Bombay for setting aside the orders dated 13th of January, 2007 and 14th of August, 2007 rejecting the prayer for amendment of the written statement made at the instance of the respondents. The High Court by the impugned order dated 5th of September, 2007 disposed of the writ application by the following direction :-