Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.154 OF 2018
IN
SUIT NO.3177 OF 2010
M/s. TLG India Private Limited ...Plaintiff.
V/s.
M/s. Music Boradcast Private Limited ...Defendants.
Appearances:
Ld. Adv Mr.Pravin Kadam for plaintiff.
Ld.Adv.Mr.Mayur Agarwal for defendant
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.14)
DATED : 6th April,2018
ORDER
By way of this chamber summons plaintiff prayed for grant of
permission to amend the plaint as per schedule (a) attached with the
plaint.
2. In supporting affidavit of Mr.N. Dhanshekhar Iyer working as
Finance an Operations Directors of plaintiff duly authorized to file
affidavit in support of chamber summons and submitted that, plaintiff
has filed this suit for recovery of Rs.6,97,860/ with interest against
defendants. During the pendency of the suit name of defendant
company has changed from M/s Music Broadcast Private Limited to
M/s. Music Broadcast Ltd., and certificate of incorporation was also
submitted by them. Therefore, it is necessary to make necessary
amendment in the cause title of the suit. Plaintiff submitted that, it be
MHCC01-001282-2018
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CS 154/2018 .. 2 .. Suit No.3177/2010
permitted to carry out consequential amendments in cause title of
plaint, vakalatnama and summons for judgment NO.130 of 2013. It is
necessary for proper adjudication of the matter. It will not cause harm,
injury or prejudice to defendant and therefore, prayed that, chamber
summons be made absolute.
3. After service of chamber summons upon defendant, learned
Advocate for defendant submitted that, they have no objection to allow
chamber summons.
4. Heard learned Advocate Mr.Pravin Kadam for plaintiff and
learned Adv.Mr.Mayur Shah for defendant. Perused submissions.
5. It is apparent that, Government of India on 25.06.2015 had
granted certificate of incorporation consequent upon conversion of
private limited company to public limited company and thus,
M/s. Music Broadcast Company Ltd came into existence. As defendant
has no objection, the change of name of defendant company needs to
be incorporated in the plaint. It will not change nature of the suit nor
cause prejudice to defendant, who also submitted no objection to this
chamber summons. Therefore, proposed amendment which is not
barred by law of limitation and due diligence is shown by plaintiff in
making chamber summons after having knowledge about incorporation
of defendant company. Therefore, no prejudice will cause to defendant
nor it will change nature of suit. On the other hand to determine real
question of controversy between the parties the amendment as sought is
necessary to be incorporated in the plaint. Hence, chamber summons
needs to be made absolute. In the circumstances, it will be proper to
direct the parties to bear their costs and hence, I proceed to pass the
following order :
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O R D E R
1. Chamber Summons No.154 of 2018 is made absolute.
2. Plaintiff to carry out amendment as per schedule (a)
attached with chamber summons within 14 days and file
amended copy of the plaint on record and supply it to the
defendant.
3. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.14)
Dt.:06/04/2018 City Civil Court, Gr. Mumbai
Dictated on : 06.04.2018
Transcribed on :
Signed on :
kps/
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CS 154/2018 .. 4 .. Suit No.3177/2010
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12.04.2018 at 1.35 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.14)
Date of pronouncement of judgment/order 06.04.2018
Judgment/order signed by P.O. on 12.04.2018
Judgment/order uploaded on 12.04.2018
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