Final Order 1

Order Details: Other
Pdf Text: 25.02.2019
SU 1271/14
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Shaila Joshi for plaintiff present.
Ad. Kaustubh Patil for defendant present.
Order below draft Chamber Summons/s
Read chamber summons and reply of defendant. Chamber
summons is taken out to amend verification clause of plaint and
affidavit in support of claim as per schedule I and II on the
count that earlier authorized signatory of the company had left
the employment of the company and in his place Bacchulal
Jaiswal has been appointed authorized signatory of company.
Defendant has formally objected the chamber summons. I have
gone through plaint. In cause title name of Mr. Jaykiran Gajjar
is mentioned as representing plaintiff company. The plaintiff
ought to have applied for amending cause title instead of
verification of plaint and affidavit in support of it. Plaintiff
cannot be permitted to amend verification clause. The plaintiff
ought to have filed chamber summons for appending fresh
verification and affidavit to the plaint in the name and
authorized signatory of the company. In the light of above
discussion, chamber summons cannot be allowed. Accordingly
chamber summons is dismissed. However, liberty is granted to
the plaintiff to file fresh chamber summons in light of
observation made above. For statistical purpose present
chamber summons be registered.
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Adjourned for steps to 30.3.2019.
Judge
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