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TMI Blog2007 (7) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant to tender in evidence of certain paragraph and affidavit in examination in chief of the appellant containing statements are relevant and germane to the issues involved in the suit and, therefore, cannot be rejected only on the ground that the same did not contain any admission. X X X X Extracts X X X X X X X X Extracts X X X X ..... h the appellant sought to amend para 7 of the written statement by inserting a new para, namely, para 7A which is as follows : "Defendant No. 1 says that the plaintiffs have admittedly agreed to purchase the said NPC bonds as also the said IRFC bonds as also allegedly paid the purchase price of the said bonds for and on behalf of their principal viz., the said Punjab Housing Development Board who is a disclosed principal. Defendant No. 1 says and submits that the suit has been filed to enforce the said alleged agreement viz., for recovery of the purchase price of the said NPC bonds by the plaintiff in its personal capacity. Defendant No. 1 says and submits that the plaintiff cannot personally enforce the said alleged agreement entered into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ixed on 13-7-2007. In response to this Mr. Kapadia, learned counsel for the appellant, submits that in the event the prayer for amendment is allowed by us his client undertakes to file the amended written statement by day after tomorrow, i.e., 12-7-2007 before the Special Court. Since, we are of the view that delay is no ground for not allowing the prayer for amendment of the written statement and in view of the submissions made by Mr. Kapadia, we do not think that delay in filing the application for amendment of the written statement can stand in the way of allowing the prayer for amendment of the written statement. So far as the second ground is concerned, we are also of the view that while allowing an application for amendment of the ple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arties will not seek any adjournment on that date. In that view of the matter we direct the appellant to file the amended written statement by 12-7-2007 positively and thereafter the Special Court shall proceed with the hearing of the suit. The appeal is allowed to the extent indicated above. There will be no order as to costs. C.A. No. 2947 of 2007 [Arising out of SLP 10845/2007] - Leave granted. 8. This appeal is directed against the order dated 4-5-2007 passed by the Special Court (Trial of Offences Relating to Transactions in Securities) at Bombay in Chamber Summons No. 2 of 2007 in Suit No. 3 of 1998 by which the Special Court has rejected the chambers summons taken out by the appellant as it was of the view that the most of the subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the parties and on consideration of the material on record, we are of the view that the Special Court has acted illegally and with material irregularity in the exercise of its jurisdic- tion in passing the impugned order. In the facts and circumstances of the present case and also after considering the affidavit filed by the appellant, we are of the view that such a prayer of the appellant to tender in evidence of certain paragraph and affidavit in examination in chief of the appellant containing statements are relevant and germane to the issues involved in the suit and, therefore, cannot be rejected only on the ground that the same did not contain any admission. Accordingly, we set aside the impugned order and allow the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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