SACHIN NAMBEEAR vs. ASHOK KUMAR SIVARAM AND JAI –MAI COMMUNICATIONS LTD

The Plaintiff seeks in this application leave to amend the writ and the statement of claim. More specifically he seeks an order to delete relief h and to amend relief (e) to read as follows: “(e) An order for the valuation of 2nd defendant and the shares of Plaintiff and 1st defendant in 2nd defendant by a valuer (being an accounting firm) for plaintiff to buy out 1st defendant’s shares in 2nd defendant”. He has also deposed to some proposed amendments he intends to make to the statement of claim. 1st Defendant, however, has vehemently opposed the application for leave for the proposed amendments that plaintiff seeks before the court claiming that the application has been brought in bad faith with intent to undermine the order of the court for the valuation of the assets of the 2nd defendant company as according to 1st defendant the proposed amendment is an afterthought born out of new facts. 1st defendant further claim that plaintiff had already sought an order for the val...