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2024 Supreme(Bom) 400

ABHAY AHUJA
Urban Infrastructure Trustees Ltd – Appellant
Versus
Joyce Realtors Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Aditya Mehta i/b Dastur Kalambi and Associates
For the Defendant : Mr. Piyush Raheja with Ms. Nisha Shah i/b Mr. Kalpesh Joshi Associate

JUDGMENT :

1. By these three Interim Applications, Applicants who are the Original Plaintiffs in the respective suits are seeking to amend the Plaints in terms of the draft amendments set out in Schedule-1.

2. Mr. Mehta, learned Counsel appears for Applicants and would submit that the amendments are only seeking to make averments regarding the admissions and acknowledgment by the Respondent of its liability to the Applicants. That the averments support the same cause of action for which the suits have been filed i.e. for recovery of monies lent by Applicants to Respondent. Applicants seek to make these amendments to obviate any technical argument by Respondent that there is no pleading in the plaint that the Respondent has admitted its liability to the Applicants in various documentary records of the Respondents.

3. Mr. Mehta, would submit that the documents sought to be included are inter-partes documents which already form part of the compilation admitted by the Respondent. That these are the documents from the Plaintiffs pleadings itself. Mr. Mehta, refers to the decision of a Division Bench of this Court in the case of Mahadev Vs. Balaji and Ors., 2012 SCC Online Bom 1283 Mr. Meht

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