Final Order 1

Order Details: Other
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO.7 OF 2018
IN
SUIT NO.1458 of 2014
Drive India Enterprise Solutions Ltd.
(Now known as TVS Logistics Services
Ltd) ...Plaintiff
V/s.
Beyond Logistics Private Limited ...Defendant.
Appearances:
Singhania and Co. for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.14)
DATED : 05th February,2018
ORDER
This is an application filed under Section 152 and 153 of C.P.C.
2. Plaintiff submitted that they have filed Summary Suit NO.1458 of
2014 against defendant for recovery of money. It was referred for
mediation and parties arrived at settlement and compromised the
matter. Thereby applicant No.2 agreed to pay to applicant No.1 an
amount of Rs.15 Lakhs in 30 monthly installments payable from
15.12.2017 by way of 30 post dated cheques payable on 15th day of
every month. Accordingly, cheques were handed over.
3. Applicant No.1 submitted that, after signing consent terms it has
come to their notice that cheques were issued to TVS Logistics Pvt Ltd in
stead of TVS Logistics Services Ltd. In such circumstances, cheques
MHCC01-001538-2018
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cannot be deposited in the account of applicant because of difference of
name of the company and all the cheques needs to be replaced along
with consent terms. Therefore, this is a clerical mistake, accidental slip
and omission and not intentional; it be amended by necessary orders
and the proposed consent terms be also freshly taken on record along
with post dated cheques payable in the correct name to plaintiff.
4. Applicant Nos.1 and 2 had jointly filed this application.
Therefore, they have agreed to this necessary correction, which is
occurred not intentional, but may be mistakenly due to the name of the
parties to be mentioned in the cheque. In such circumstances, proposed
amendment sought for correction is to be allowed. In such
circumstances, no order as to costs. Fresh consent terms be filed in this
suit No.1458 of 2014 and consequently, I pass the following order :
O R D E R
1. Miscellaneous Application No.7 of 2018 is allowed as
prayed.
2. Fresh consent terms is taken on record.
3. The name of company mentioned in the cheques is to be
corrected by issuing fresh cheques as per settlement terms
entered between the parties.
4. No order as to costs.
5. Consent terms filed today is taken on record afresh.
(ABHIJEET A. NANDGONKAR )
Judge, (C.R.No.14)
Dt.:05/02/2018 City Civil Court, Gr. Mumbai
Dictated on : 05.02.2018
Transcribed on : 06.02.2018
Signed on :
kps/
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.0.18 at 5.47 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 05.0.18
Judgment/order signed by P.O. on 06.0.18
Judgment/order uploaded on 06.0.18
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