Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.270 OF 2019
IN
SUIT NO.361 OF 2018
M/s. Alumilite Architecturals Pvt.Ltd. ...Plaintiff.
V/s.
M/s. Nirmal Lifestyle Ltd. ...Defendant.
Appearances:
Ld. Adv.Mr.Amod Mulye for plaintiff.
Ld. Adv.Ms.Ekta Tripathi for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 12th March,2019
ORDER
By way of this chamber summons plaintiff seeks permission to
carry out amendment as per schedule attached to the chamber
summons.
2. In supporting affidavit of Sanjib Chakraborty, Director Finance
and Authorized Signatory of plaintiff/company submitted that they
have filed this suit for recovery against defendant. During pendency of
the suit it is evident that plaintiff company had the word “private” in its
name owing to its nature of incorporation. However, said “private”
work came to be deleted in view of the order of Government of India,
Ministry of Corporate Affairs by its notification dt.14.12.2017. As such
word “private” as mentioned in the title clause of plaint needs to be
MHCC01-001429-2019
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CS 270/2019 .. 2 .. Suit No.361/2018
deleted and for which necessary amendment is requred. It will not
change the nature of the suit nor cause prejudice to defendant.
3. After service of the chamber summon upon defendants, learned
counsel for defendant appeared and filed their objection on overleaf of
chamber summons by submitting that they have formal objection to
allow the chamber summons.
4. Heard learned Advocates for both the sides. Perused the record
and submissions.
5. The word “private” needs to be deleted from the cause title of
plaintiff in view of conversion from private limited to public limited as
permitted by Ministry of Corporate Affairs, Government of India vide its
notification dt.14.12.2017. It is after suit came to be tendered on
27.11.2017. Therefore, as incorporation certificate received latter on, it
is necessary to amend the title cause of plaintiff in plaint.
6. Due to such amendment no prejudice will be caused to defendant
nor it will change the nature of suit. On the other hand for proper,
complete and effectual adjudication of the matter the amendment as
prayed needs to be carried. It is within limitation and bar of
commencement will not arise. Due diligence is shown by plaintiff as
soon as they have received the notification from the Ministry of
Corporate Affairs, they have moved this chamber summons for
amendment. Hence, chamber summons needs to be made absolute. 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.270 of 2019 in Suit No.361 of 2018
to carry out the amendment as proposed in schedule
attached to the chamber summons is allowed.
2. Plaintiff to carry out amendment within 14 days and filed
amended copy of plaint on record as well as serve to
defendant.
3. No order as to costs.
4. Compliance be reported within two weeks.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 12/03/2019 City Civil Court, Gr. Mumbai
Dictated on : 12.03.2019
Transcribed on : 13.03.2019
Signed on : 13.03.2019
kps/
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CS 270/2019 .. 4 .. Suit No.361/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
13.03.2019 at 5.33 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 12.03.2019
Judgment/order signed by P.O. on 13.03.2019
Judgment/order uploaded on 13.03.2019
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