LAWS(BOM)-2023-8-394

RAVIN INFRAPROJECT PVT. LTD. Vs. NEXUS GREEN LTD.

Decided On August 24, 2023
Ravin Infraproject Pvt. Ltd. Appellant
V/S
Nexus Green Ltd. Respondents

JUDGEMENT

(1.) This is an application filed by the plaintiff seeking to amend the plaint in terms of the schedule of amendment annexed to the application. Mr.Tamboly, learned counsel for the applicant/plaintiff would submit that the scheduled amendments are being carried out pursuant to an order dtd. 28/6/2022 of this Court wherein after hearing the summons for judgment, the learned Single Judge has permitted the withdrawal of the summons for judgment with liberty to apply for an amendment and to file a fresh summons for judgment thereafter.

(2.) Learned counsel submits that it is pursuant to the said liberty that this application is being filed.

(3.) Learned counsel would submit that the proposed amendments are clarificatory and explanatory in nature and do not seek to alter or amend the plaint so as to prejudice the defendant. No new facts are being brought on record and that the amendment will not in any way change the nature of the suit. Learned counsel therefore prays that the application be allowed.