Final Order 1

Order Details: Chamber summons
Pdf Text: C/S No.476/19 1 Suit No.7569/81
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.476/2019
(CNR No.MHCC01-0042382-2019)
IN
S.C SUIT NO.7569/1981
Styrolution ABS (India) Ltd., .. Plaintiff
V/s.
National Education & Information
Films Ltd. ..Defendant
Appearance :-
Ld. Adv. Mr. Veer Kankaria for plaintiff.
None present for defendant.
CORAM : HHJ Shri V.V Vidwans
C. R. No.03
DATE : 24.2.2020.
ORAL ORDER
1. Perused chamber summons supported by an affidavit of
Mr. Rakesh Agrawal on behalf of the plaintiff and documents filed
on record vide Exhs.A and B. The chamber summons is served on
the defendant as per affidavit of service dated 25.7.2019 through
Adv Mr.R.V.Govilkar- For Govilkar & Associates LLP. The chamber
summons along with covering letter was accepted by representative
of advocate as per acknowledgment at Exh.A, but no one appeared
before the court. I have heard oral submission of Ld Counsel for
the plaintiff on the chamber summons.
2. It is submitted that, the plaintiff has taken out the
chamber summons for substituting the name of plaintiff from
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C/S No.476/19 2 Suit No.7569/81
Styrolution ABS (India) Ltd. in place of Ineos Styrolution India
Limited in the cause title of the plaint and wherever it has
occurred in the plaint, including the judgment and decree passed
by this court on 10.1.2019.
3. Ld. Counsel for the plaintiff has relied upon an
affidavit of Mr. Agrawal and submitted that, the original suit was
filed in the name of ABS Plastic Ltd. Subsequently, there was
change in the name of the plaintiff company and the change has
been incorporated in the record. The name of the plaintiff
company as it appears in the cause title of the plaint in the
proceeding has been changed w.e.f 18.3.2016 as mentioned in the
chamber summons. The said change needs to be carried out as
prayed in the chamber summons.
4. In this regard, Ld Counsel for the plaintiff has relied
upon a copy of Incorporation Certificate issued by Registrar of
Companies and filed on record vide Exh.A and Exh.B respectively.
It is submitted that the above change ought to have been brought
to the notice of the court earlier and amendment ought to have
been made in the cause title of the Suit. However, due to
inadvertence, necessary steps could not be taken and the change
could not be brought on record in due course. In the meanwhile,
the arguments in the matter were heard and the court had passed
the judgment on 10.1.2019 and decree has been drawn. It is
submitted that, for effective execution of decree, it is necessary to
carry out amendment in the plaint as well as in the judgment and
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C/S No.476/19 3 Suit No.7569/81
decree as per provisions of Sec.152 and 153 r/w. Sec.151 of CPC,
in the interest of justice. It is argued that, no prejudice will be
caused to the defendant if the chamber summons is allowed as the
same is only to bring on record subsequent developments which
are required to be brought on record for effective execution of the
decree.
5. Ld. Counsel for the plaintiff has relied upon following
authorities in support of his submission :
1. B. Dheenadhayabaran V/s. Rathna Vel (C.R.P.
(NPD)(MD) No. 807 of 2013 decided on
24.7.2015 (Madurai Bench of Madras High Court)
2. Sukhendu Bikash Lashkar V/s. Narayan Chandra
Bhowmik ((2012) 6 Gauhati Law Reports 147
(Agartala Bench).
3. Niyamat Ali Molla V/s. Sonargon Housing
Cooperative Society Ltd and Others ((2007) 13
Supreme Court Cases 421)
4. Delta Products (Pvt.) Ltd. V/s. Industrial Credit
and Investment Corporation of India Ltd and
another (1980 Mh.L.J 156).
5. Vasant Laxman Deshmukh V/s. Sakharam Limbaji
Jadhav (1982 SCC Online Bom 325 : (1982) 84
Bom LR 369)
6. Ganesh V/s. Sri Ram Lala Ji Mahraj Birajman
Mandir and others (1972 SCC Online All 244 :
1972 All LJ 1037 (FB) : AIR 1973 All 116 (FB)
(Allahabad High Court).
6. I have gone through the above authorities and find
that, these authorities are in respect of powers of the Court u/s.152
and 153 of CPC to permit amendment to be carried out in the
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C/S No.476/19 4 Suit No.7569/81
plaint and judgment/decree which includes correction of the
clerical mistakes. It is observed that, merely on account of delay
such application for carrying out amendment should not be rejected
by trial court. Section 152 of CPC empowers the Court to correct
any accidental slip or omission in the judgment or decree passed
by the court. The principle behind said provision is that, nobody
should be prejudiced by the act of the Court. Such power can be
exercised by the Court under the above provisions as well as under
inherent powers u/s.151 of CPC, in the interest of justice. This
power can be exercised by the court even after passing of
judgment and decree or order of the court.
7. Considering the facts and circumstances stated in the
supporting affidavit by the plaintiff as well as the ratio of various
authorities cited and relied upon by Ld. Counsel for the plaintiff, I
am of the opinion that, the plaintiff has made out a case for
carrying out necessary amendments in the cause title of the plaint
as well as the Court is required to carry out similar amendments in
the judgment and decree passed by the Court in the interest of
justice.
8. It is apparent from the facts brought on record by the
plaintiff that, change in the name of the plaintiff company had
taken place w.e.f. 18.3.2016, while present chamber summons is
taken out by the plaintiff after a delay of about 3 years in the year
2019. Therefore, it will be proper to impose some costs on the
plaintiff as a token due to lapses which have occurred on the part
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of the plaintiff and the Counsel. Hence, I proceed to pass following
order:-
ORDER
1. Chamber Summons No.476/2019 is hereby allowed
subject to plaintiff depositing costs of Rs.2000/- in the
office of DLSA, Mumbai within four weeks from
today.
2. If the above direction is complied with by the
plaintiff, the plaintiff shall be permitted to carry out
amendment in the cause title of the plaint as prayed
in the Chamber Summons.
3. The Sheristedar and office of the court are also
directed to carry out similar amendments in the
judgment and decree, so far as change in the name of
the plaintiff is concerned as prayed in the Chamber
summons within two weeks thereafter.
4. The Stenographer of this court is also directed to
carry out the amendment in the soft copy of the
Judgment and place a note to that effect in the soft
copy of Roznama on record.
C/S stands disposed of accordingly.
(V.V. Vidwans)
Judge, City Civil Court,
Date: 24.2.2020 Gr. Bombay (C.R.03)
Dictated on : 24.2.2020
Transcribed on : 25.2.2020
Signed by HHJ on : 27.2.2020
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C/S No.476/19 6 Suit No.7569/81
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/
ORDER.
UPLOADED ON : 27.2.2020
TIME: 4.35 pm (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R.03)
Date of pronouncement of Judgment/ Order 24.2.2020.
Judgment/ order signed by P.O on 27.2.2020.
Judgment/ order uploaded on 27.2.2020.
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