Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons No.78 of 2018 1 Suit No. 8179 of 2000
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No.78/2018
IN
SUIT NO.8179/2000.
(High Court Suit No. 1695 of 2000)
(CNR No. MHCC010004642000)
Radhyeshyam Jokharam Gupta and Anr ... Plaintiffs
V/s.
Datta Prasad Tripathi and Ors. .. Defendants
CORAM : HIS HONOUR JUDGE
SHRI. GOPAL G. BHANSALI.
(C.R. NO.07)
DATE : 07.03.2019.
APPEEARANCE.
Mr. O.P.Singh, Advocate for plaintiff.
Mr. Amin, Advocate for Defendants No.6,8 and 9.
ORAL ORDER
This is a Chamber of Summons taken out plaintiff to delete
names of defendant no.4 namely 'Ashok Tripathi'. Perused the reply
submitted on behalf of defendants no.6,8 and 9.
2. The learned advocate Mr.O.P.Singh for plaintiff submits
that there is no person namely 'Ashok Tripathi'. The mistake require to
rectify, hence it is claimed to delete the name of defendant no.4.
3. The learned advocate Amin for defendant no.6,8 and 9
requested to peruse averments in the plaint which shows the
appearance of defendant no.4 alongwith their advocate as a partner of
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Chamber Summons No.78 of 2018 2 Suit No. 8179 of 2000
''Gupta Firm''. It is requested to peruse the written statement filed by
defendant no.1 through advocate Dubey and advocate Mourya for
defendants no.2 to 4. It shows that the presence of defendant no.4 was
well in existence. It is requested to peruse the appearance of defendant
no.4 when previous notice of motion was contested. It is requested to
reject the chamber summons.
4. It is not disputed that there was a partnership deed dated
13.04.1993. On perusal of partnership deed, in para no.10, the
percentage of plaintiff and defendants no.1 to 4 is given as follows. :
i) Shri Radhyshyam J. Gupta. 15%
ii) Smt. Gangajali R. Gupta. 10%
iii) Shri Vijay Kumar D. Tripathi. 25%
iv) Shri Sanjay Kumar D. Tripathi. 35%
v) Mrs. Rita Y.Pendey. 25%
–
100%
=======
5. The genesis of partnership firm and relations between
partners alongwith shares is as per partnership deed dated 13.04.1993.
However, there is no name of 'Ashok' mentioned in the partnership
deed. On perusal of both written statements, Rita Pande is shown as
defendant no.4 and Ashok is shown as defendant no.5. Primafacie it
appears that there is a confusion of serial number, whether 'Ashok
Tripathi' is defendant no.4 or Rita Pandey is defendant no.4.
6. On perusal of entire proceeding, including vakilpatra of
the lawyer, written statement filed by the defendants no.2 to 4 etc.
There is no document which bear the signature of defendant no.4, more
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Chamber Summons No.78 of 2018 3 Suit No. 8179 of 2000
specifically the name of Ashok Tripathi. Accordingly, it is clear that
there is no person namely Ashok Tripathi. The plaintiff is ''dominus
litus'' i.e. the master of the suit. Hence, liberty is granted to delete the
name of defendant no.4 i.e. Ashok Tripathi from the plaint submitted on
12.01.2000. Hence, the order.
FINAL ORDER
1. The Chamber Summons No. 78 of 2018 is allowed.
2. It is allowed to delete the name of ''Ashok Tripathi''
defendant no.4 from the plaint within 14 days from
today.
3. No order as to costs.
4. The Chamber Summons No.78 of 2018 is disposed of
accordingly.
(Gopal G.Bhansali )
Judge,
Date:07.03.2019. City Civil Court, Gr.Mumbai.
Dictated on : 07.03.2019.
Transcribed on : 07.03.2019.
Signed on :
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Chamber Summons No.78 of 2018 4 Suit No. 8179 of 2000
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
15.02.2019 at 12.20am. PUSHPA RAMESH WAGH
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI G.G.BHANSALI
(Court Room No.07)
Date of pronouncement of Judgment 07.03.2019
Judgment signed by P.O. on 11.03.2019
Judgment uploaded on 14.03.2019
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