Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 193/19 in Suit No. 2993/14. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 193 OF 2019
(CNR NO. MHCC010010462019)
IN
S. C. SUIT NO. 2993 OF 2014
Forbes & Company Limited ...Plaintiffs/Applicant
Versus
Gokul Traders ...Defendant/Respondent
And
Pralhad Laddha ...Proposed Defendant No.2
Sau Urmila Ghanshyamdas Laddha ...Proposed Defendant No.3
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 9th OCTOBER, 2019.
Ms. Smita Sawant, Advocate for Plaintiffs/Applicant.
Mr. Shashank Thatte, Advocate for Defendant/Respondent.
ORDER
This is a chamber summons taken out by plaintiff for
amendment and addition of second partner as defendant no.2.
2. Perused reply filed by defendant no.1.
3. Ld. Advocate Smita Sawant for plaintiff submits that
plaintiff received information about the exact status of the defendant
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Ch/s No. 193/19 in Suit No. 2993/14. 2 Order.
firm and its two partners. Therefore, plaintiff has preferred present
chamber summons for appropriate amendment.
4. Ld. Advocate Thatte for defendant submits that aforesaid
lacuna about mistake in title of the defendant firm cannot be rectified.
Plaintiff was not due diligent and upon dismissal of present suit,
plaintiff may loose the limitation. It is requested to reject the chamber
summons.
5. Ld. Advocate Smita Sawant for plaintiff submits that she
moves to the Court at the earliest as the plaintiff has received proper
information. It is requested for amendment and addition of defendant
no.2.
6. Defendant has preferred Notice of Motion No. 1852/2018
for dismissal of the suit. It has been rejected by this Court with detail
reasons.
7. It would be immature decision to comment that plaintiff is
intending to rectify the lacuna. It is surprising to note that after receipt
of suit notice, defendant has given part payment and it is not disputed
by defendant. Even upon dismissal of the suit, plaintiff will not loose
limitation because he was litigating before the Court and this period of
litigation is exempted. It is material to note that prior to the suit, a
notice was issued by the plaintiff on 16/05/2012. Defendant has
replied the notice on 12/10/2012. However, in said reply, it is not
informed by the defendant that defendant is a partnership firm nor a
signature of any partner has been obtained by the defendant on said
reply. Therefore, it was beyond the knowledge of plaintiff in respect of
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Ch/s No. 193/19 in Suit No. 2993/14. 3 Order.
deed of partnership and name of another partner. Resultantly, chamber
summons deserves to be allowed. Hence the order :
ORDER
1. Chamber Summons No. 193/2019 is allowed.
2. Plaintiff to carry on amendment as prayed within two
weeks.
3. No order of cost.
4. Defendant to submit written statement within 45 days from
order of this Court on present ch/s.
5. Ch/s No. 193/19 is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 09/10/2019. Mumbai.
1. Dictated on : 09/10/2019.
2. Transcribed on : 11/10/2019.
3. Signed on : 11/10/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
14/10/2019. 1.34 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 09/10/2019.
Judgment/Order signed by P.O. on 11/10/2019.
Judgment/Order uploaded on 14/10/2019.
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