Final Order 1

Order Details: Chamber summons
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MHCC010010262019
IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 192 OF 2019
IN
SUMMARY SUIT NO. 2479 OF 2012
Wall Street Finance Limited ...Plaintiff.
Versus
Patel Holdings Ltd. ...Defendant
Appearance :
Ld. Adv. Chaugule for plaintiff.
Ld. Adv. Kapil for defendant.
CORAM : DR. S. D. TAWSHIKAR
C. R. NO. : 61
DATE : 21/06/2022.
ORDER
The present chamber summons has moved by the plaintiff for
seeking amendment in the plaint.
2. Perused chamber summons and affidavit in support of it. Heard
Ld. Advocate Chaugule for plaintiff. He submits that during the hearing
of Summons for Judgment plaintiff came to know about one ‘No
Objection Certificate’ issued by the Promoter of plaintiff company
wherein no dues were shown against the defendant. The said
certificate was found to be without authority and therefore a complaint
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was made before the the Institute of Chartered Accountants of India
( hereinafter referred as ICAI for short) against Auditors of defendant
company. He further submits that ICAI by order dated 07/11/2017,
found that issuance of NOC was without authority and cost of
Rs.50,000/- came to be imposed on Chartered Accountant Mr.
M.S.Parikh. The copy of the said order has placed on record along with
the present chamber summons.
3. Ld. Advocate for the plaintiff further submits that this fact being
material one needs to be incorporated in pleadings by way of
amendment. He also submits that the amendment sought could not
cause prejudice to the defendants as they have every opportunity to file
reply to the amended plaint.
4. The defendant objected the present chamber summons by filing
their reply. Advocate Ms. Kapil submits that the amendment sought to
be carried out by the plaintiff has no nexus with the cause of action
pleaded in the suit. The parties before the ICAI are altogether different
and hence the amendment to that effect is completely unwarranted. She
submitted that by way of present amendment, the plaintiff is
unnecessarily delaying the proceeding. She ultimately prays to reject
the present chamber summons.
5. It is not disputed that the defendant along with written statement
has filed one ‘No Objection Certificate’ at page No.23 of Written
statement. It is also not disputed that against the said NOC plaintiff had
filed a complaint against the Promoters of defendant company before
the ICAI. The said complaint was disposed of on 07/11/2017 by
imposing cost on Promoter of defendant company. As the entire claim of
the plaintiff revolves around the security deposit and the defendant has
come with the case that there is no dues lying with the defendant, it is
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but obvious that the findings recorded by ICAI with respect to the said
NOC become substantial. Therefore, the said order and the consequent
pleadings sought to be incorporated by the plaintiff cannot be said to be
immaterial or unwarranted. As the said pleadings goes to the root of the
matter. Hence, in view of Rule 17 of Order 6 of CPC.,chamber
summons deserves to be allowed.
6. The defendant would be at liberty to file the necessary reply to
the amendment which would be incorporated by the plaintiff. The
observations made while deciding the chamber summons are prima
facie and are limited to the decision of the chamber summons. In the
result, I pass the following order.
ORDER
1. Chamber Summons No.192/2019 is allowed in terms of prayer
clause (a).
2. Plaintiff to carry out amendment within 14 days from the date of
this order and file amended plaint.
3. Chamber summons No. 192/2019 is disposed of accordingly.
Date- 21/06/2022. (Dr. S. D. Tawshikar)
Judge, City Civil Court, Gr. Mumbai
Court Room No.61
Dictated on : 21/06/2022
Transcribed on : 22/06/2022
Signed on : 22/06/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23/06/2022 at 11.30 a.m. Mrs. Vidya V. Malgaonkar
Name of the Judge
(with Court Room No.)
Dr. S.D. Tawshikar
C.R. No.61
Date of Pronouncement of JUDGMENT/
ORDER
21/06/2022
JUDGMENT/ORDER signed by P. O. on 22/06/2022
JUDGMENT/ORDER uploaded on 23/06/2022
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