Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.719 OF 2019
IN
SUIT NO.2301 OF 2017
M/s. Alumilite Architecturals Pvt.Ltd. ...Plaintiff.
V/s.
Mr. Hiren Bhatia. ...Defendant.
Appearances:
Ld. Adv.Mr.Amod Mulye for plaintiff.
Ld. Adv.Mr. Khale for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 09th April, 2019
ORDER
By way of this chamber summons plaintiff seeks permission to
carry out amendment as per schedule attached to the chamber
summons.
2. In supporting affidavit of Mr. Sanjib Chakraborty, Director
Finance and Authorized Signatory of plaintiff/company submitted that
they have filed this suit for recovery against defendant. During
pendency of the suit it is evident that plaintiff company had the word
“private” in its name owing to its nature of incorporation. However,
said “private” word came to be deleted in view of the order of
Government of India, Ministry of Corporate Affairs by its notification
dt.14.12.2017. As such word “private” as mentioned in the title clause
MHCC01-003677-2019
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of plaint needs to be deleted and for which necessary amendment is
required. It will not change the nature of the suit nor cause prejudice
to defendant.
3. After service of the chamber summon upon defendants, learned
counsel for defendant appeared and filed their objection on overleaf of
chamber summons by submitting that they have strong objection to
allow the chamber summons.
4. Heard learned Advocates for both the sides. Perused the record
and submissions.
5. The word “private” needs to be deleted from the cause title of
plaintiff in view of conversion from private limited to public limited as
permitted by Ministry of Corporate Affairs, Government of India vide its
notification dt.14.12.2017. It is after suit came to be tendered on
27.11.2017. Therefore, as incorporation certificate received latter on, it
is necessary to amend the title cause of plaintiff in plaint.
6. Due to such amendment no prejudice will be caused to defendant
nor it will change the nature of suit. On the other hand for proper,
complete and effectual adjudication of the matter the amendment as
prayed needs to be carried. It is within limitation and bar of
commencement will not arise. Due diligence is shown by plaintiff as
soon as they have received the notification from the Ministry of
Corporate Affairs, they have moved this chamber summons for
amendment. Hence, chamber summons needs to be made absolute.
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7. It will not change nature of the suit. No prejudice will cause to
the defendant. On the other hand to determine the real controversy
between the parties the proposed amendment as per schedule required
to be inserted in the plaint. Hence the chamber summons needs to be
made absolute as prayed.
8. In the circumstances, it will be proper to direct the parties to bear
their costs and hence, I proceed to pass the following order :
O R D E R
1. Chamber Summons No.719 of 2019 in Suit No.2301 of
2017 to carry out the amendment as proposed in schedule
attached to the chamber summons is allowed.
2. Plaintiff to carry out amendment within 14 days and filed
amended copy of plaint on record as well as serve to
defendant.
3. No order as to costs.
4. Compliance be reported within two weeks.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 09/04/2019 City Civil Court, Gr. Mumbai
Dictated on : 09.04.2019
Transcribed on : 09.04.2019
Signed on : 09.04.2019
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.04.2019 at 1.33 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 09.04.2019
Judgment/order signed by P.O. on 09.04.2019
Judgment/order uploaded on 09.04.2019
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