Final Order 1

Order Details: Chamber summons
Pdf Text: Ch.s.290/2018 in Suit 8400 /2002 1
CNR.NO.MHCC01-0021492018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.290 of 2018
IN
CITY CIVIL COURT SUIT NO. 8400 of 2002
Shivchand Sarju Yadav .. .. Plaintiff
Versus
Smt.Dosibai N. Jeejeebhoy & Others ...Defendants
Advocate Shri.Tripathi for Plaintiff .
Advocate Shri.Daruwalla for Defendant No.2.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Asstt. Judge
CR no. : 32
Dated : 23rd April 2018
ORDER
1. Plaintiff has taken out this chamber summons for amendment in
the plaint as per schedule annexed.
2. Perused the reply of the defendant No.2.
3. Heard learned advocate Shri.Tripathi for plaintiff and advocate
Shri.Daruwalla for defendant No.2.
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Ch.s.290/2018 in Suit 8400 /2002 2
4. Ld.advoate Shri Tripathi for the plaintiff submitted that he came
to know that the name of the defendant No.2 company has been
changed from Madhu Builders Pvt.Ltd.to M/s.Madhu Fantasy
Pvt.Ltd.by their letter dated 04/12/2017. Therefore, this chamber
summons taken out for amendment in the plaint.
5. Learned advocate Shri. Daruwalla for defendant No.2 submitted
that suit is of 2002 and chamber summons taken out in the year of
2018, after 16 years therefore, strong objection for amendment in the
plaint. It is pertinent to note that plaintiff has mentioned the name of
defendant No.2 as M/s. Madhu Builders Pvt.Ltd.in title clause of the
plaint. Writ of summons was served on defendant No.2 on the same
name that time, no objection has been raised by defendant No.2. That
name of the defendant No.2 company has been changed, but at the
same time learned advocate Shri.Daruwalla for defendant No.2 had
informed to the plaintiff in December 2017 that the name of the
defendant No.2 Company has been changed and new name is
M/s.Madhu Fantasy Pvt.Ltd. As defendant No.2 himself directed the
plaintiff to take necessary steps, accordingly, plaintiff has taken out this
chamber summons for amendment in the plaint in change of name of
defendant No.2 company.
6. As soon as plaintiff received the information from the defendant
No.2 company in 2017, plaintiff has taken out this chamber summons
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Ch.s.290/2018 in Suit 8400 /2002 3
in January 2018.
7. Considering this aspect, I proceed to pass following order.
ORDER
Chamber Summons No.290 of 2018 is made
absolute in terms of prayer clause.
Date : 23/04/2018 (Pushpa N. Rao)
Ad hoc Asstt.Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer: 23/04/2018
Signed by HHJ on : 23/04/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
26/04/2018 at ( 11.42p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
23/04/2018
JUDGMENT/ORDER signed by
P.O.on
23/04/2018
JUDGMENT/ ORDER uploaded on 26/04/2018
.
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Ch.s.290/2018 in Suit 8400 /2002 4
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