Final Order 1

Order Details: Chamber summons
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IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
CHAMBER SUMMONS NO.69 OF 2018
IN
S.C.SUIT NO.1303 OF 2014
Xceed Toolings Pvt.Ltd. ....Plaintiff
V/s
Supermax Personal Care Pvt.Ltd. ....Defendant
APPEARANCE:
Ld.Adv Ram Kutwal for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 19th September, 2019
ORDER
Perused the contents of Chamber Summons and reply filed
by defendant.
2. Heard, Ld counsel for both sides.
3. It is submitted by the plaintiff that the plaintiff company are
partnership firm and duly register under the Indian Partnership
Act and he has authorized officer of plaintiff company and
represent the company through power of attorney. It is further
submitted that the previous officer who is acting as a plaintiff has
resigned his service and relieve from his responsibilities and
therefore, his name may be deleted from cause title and he may be
permitted to add his name on cause title.
4. Defendant filed affidavit in reply and opposed the contention
which is made by the plaintiff in their Chamber Summons. It is
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contended by the defendant that no case is made out by the
plaintiff to allow Chamber Summons. It is further contended that
the present suit is filed in the year 2014 and till date writ of
summons have not been served upon the defendant. However, he
was served on 24.07.2019 it shows the plaintiff has only delaying
the trial. Lastly he denied the contention raised by the plaintiff
and prayed that Chamber Summons may kindly be dismissed.
5. After hearing Ld. Counsel for both sides I drew my attention
towards the paper of suit. As per record the plaintiff has filed suit
against defendant filed recovery of amount of certain ground and
plaintiff power of attorney Nikhilesh Arvindkumar shah signed
plaint on behalf of plaintiff company. Admittedly plaintiff has not
filed any document on record to show that he was resigned his
service and company had relieved him from his responsibility.
Further more the plaintiff has filed power off attorney in favour of
Santosh Tukaram Bhabad and prayed by way of Chamber
Summons that his name may kindly be added in cause list to the
present plaintiff company. Though the other side has disputed the
contention made in the Chamber Summons by way of reply.
However, I am of the opinion the plaintiff company wants to add
the name of Santosh Bhabad through Power of attorney by way of
amendment is formal in nature. If the amendment is formal in
nature be permitted to incorporate in main cause title. No
prejudice is caused to the place of defendant. Considering the
nature of amendment I proceed to pass following order
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ORDER
1) Chamber Summons No. 69 of 2018 is allowed.
2) Plaintiff is directed to incorporate the name of Santosh
Tukaram Bhabad in the cause title by way of amendment
forthwith.
3) Chamber Summons No.69 of 2018 is disposed of in the
above said terms.
Date: 19/09/2019 (Milind A.Bhosale)
Adhoc Judge,
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 19/09/2019
Typed on : 19/09/2019
HHJ signed on : 19/09/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
19.09.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
19.09.2019
JUDGMENT/ORDER signed by P.O. on 19.09.2019
JUDGMENT/ORDER uploaded on 19.09.2019
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