Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010027392020
CNR NO.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.401 OF 2020
IN
S.C. SUIT NO.4780 OF 2013
The Bengal Mill Stores Supply Company ]… Plaintiff
V/s.
Ms. Air Liquid Engineering India Pvt. Ltd. ]...Defendants.
Appearance:
Learned Advocate Ms. Jyotsna Patki for plaintiff.
Learned Advocate Ms. Yasmin Sarang for defendants.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.13)
DATED : 10th March, 2021
ORAL ORDER
1. Plaintiff took out this Chamber Summons to delete the
name of defendant No.1 from the plaint and from the Summons for
Judgment.
MHCC01-002739-2020
-- 1 of 5 --
Ch/s 401-2020 .. 2 .. Suit No.4780/2013
2. Perused Chamber Summons, affidavit in support of
Chamber Summons and say of defendants.
3. Heard Learned Advocate Ms. Jyotsna Patki for plaintiff and
Learned Advocate Ms. Yasmin Sarang for defendants.
4. Following points arise for my determination, I record my
findings for the reasons mentioned below:
Sr. No. POINTS FINDINGS
1 Whether plaintiff can be permitted to
amend the plaint ?
In the affirmative.
2 What Order ? Chamber Summons
is allowed as per
final order.
REASONS
As to point Nos.1 and 2.
5. In brief, it is contention of the plaintiff that plaintiff had
taken out Chamber Summons No.1587of 2017 for amendment. The
said Chamber Summons is allowed and plaintiff added defendant No.2
as a party defendant. The said Chamber Summons was taken out
because during pendency of the suit defendant No.1 merged with Lurgi
International Services Pvt. Ltd. Therefore, plaintiff had joined
defendant No.2 as a party defendant.
6. After merger, the defendant No.1’s separate legal entity
comes to an end. Therefore, it is necessary to delete the name of
defendant No.1. Inadvertently it was not prayed in the said Chamber
Summons No.1587 of 2017 to delete the name of defendant No.1 from
the proceeding. Therefore, it is necessary to delete the name of
defendant No.1.
-- 2 of 5 --
Ch/s 401-2020 .. 3 .. Suit No.4780/2013
7. In brief, it is contention of the defendants which appears
from the handwritten say filed by defendants at the over leaf of the
Chamber Summons that this Chamber Summons is abuse of process of
Law. Plaintiff is taking out multiple vexatious applications to harass the
defendants. If the application allowed, heavy costs be imposed.
8. Perused Order 1 Rule 10 of the Code of Civil Procedure. As
per Order 1 Rule 10 Sub Rule 2 of the Code of Civil Procedure The
Court may at any stage of the proceedings, strike out or add parties.
As per Order 1 Rule 10 Sub Rule 2 of the Code of Civil Procedure the
Court may at any stage of the proceedings, either upon or without the
application of either party, and on such terms as may appear to the
Court to be just, order that the name of any party improperly joined,
whether as plaintiff or defendant, be struck out, and that the name of
any person who ought to have been joined, whether as plaintiff or
defendant, or whose preence before the Court may be necessary in
order to enable the Court effectually and completely to adjudicate upon
and settle all the question involved in the suit, be added.
9. It is contention of the plaintiff that defendant No.1 is
merged defendant No.2. Therefore, according to the plaintiff separate
legal entity of defendant No.1 came to an end. According to the
plaintiffi inadvertently plaintiff could not bring in the earlier Chamber
Summons for deletion of name of the defendant No.1.
10. In the facts and circumstances, I am of opinion that plaintiff
can be permitted to delete the name of defendant No.1 from the plaint
and Summons for Judgment. Therefore, I record my findings to point
-- 3 of 5 --
Ch/s 401-2020 .. 4 .. Suit No.4780/2013
Nos.1 in the affirmative and point No.2 Chamber Summons is allowed
as per final order. Hence, following order:
ORDER
Chamber Summons No.401/2020 in Summary Suit No.4780/2013 is
allowed as under:
1. Plaintiff is permitted to delete the name of defendant no.1 from the
plaint and the Summons for Judgment No.319 of 2016.
2. Plaintiff is permitted to make consequential amendment in the plaint
as well as in the Summons for Judgment if any.
3. Plaintiff is directed to carry out above amendment on or before next
date and file on record amended copy of the plaint for Court record and
also for defendant no.2.
4. Order dictated and pronounced in open court.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
Dt.: 10/03/2021 City Civil Court, Gr. MUMBAI
Dictated on : 10.03.2021
Transcribed on : 18.03.2021
Checked on : 19.03.2021
Signed on : 19.03.2021 ( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
-- 4 of 5 --
Ch/s 401-2020 .. 5 .. Suit No.4780/2013
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22.03.2021 at 12.55 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 10.03.2021
Judgment/order signed by P.O. on 19.03.2021
Judgment/order uploaded on 22.03.2021
-- 5 of 5 --