PREMIER EXPLOSIVES LIMITED Vs. M V EUGENIA

JUDGEMENT

(1.) HEARD Shri Pratap appearing for plaintiff and Shri Dhond for defendant. The Chamber Summons is for amendment to the plaint as per Schedule annexed thereto.

(2.) SHRI Pratap appearing for the plaintiff invites my attention to the affidavit in support of this Chamber Summons and submits that in the affidavit in support it has been pointed out in paragraph no.2 that present suit is filed for recovering amounts due to the plaintiff on account of loss and damage to their goods carried on board defendant no.2 vessel and for breach of contract of carriage by the owners of defendant.

(3.) HE submits that no new case is being set out. The amendment is only to implead Premier Explochem Ltd. as plaintiff no.2. The cause of action remains the same. The nature of the relief also remains the same. In these circumstances, this Chamber Summons be allowed. He relies upon a judgment of this Court reported in AIR 2000 Bom 174 (Fordie Metals Ltd. Vs. M.V."Tibor Szamuely" and Order I, Rule 10 of CPC.