Interim Order 3

Order Details: Chamber summons
Pdf Text: Ch/s. No. 319 /2022
Jayvanti – Arth
Order
1 of 3
MHCC010025162022
City Civil and Sessions Court, Mazgaon Greater Mumbai
Court Room No. 31 – Commercial Court
Chamber Summons No. 319 / 2022
in
Commercial Suit No. 03 / 2021
Jayvanti Jawahar Mamaniya … Plaintiff
Vs.
Arth Enterprises HUF & Anr. … Defendants
Appearances :
Plaintiff : Adv. Ms. Vanshika Mahajan
Defendants : Adv. Ms. Manisha Prajapati
i/b. Adv. Diren Shah
CORAM : H. H. JUDGE PRASAD P. KULKARNI
COURT ROOM NO.31.
DATE : 07.07.2025
*************************************************************
ORDER
1. Plaintiff has taken out this Chamber Summons with a prayer
to allow plaintiff to amend the title clause of plaint. Chamber Summons
is supported by an affidavit. Copy of Chamber Summons is served on
defendants. Defendants filed reply Dt. 16.04.2022. I have heard
Learned Advocate Ms. Vanshika Mahajan appearing for plaintiff and
Learned Advocate Ms. Manisha Prajapati appearing for defendants.
-- 1 of 3 --
Ch/s. No. 319 /2022
Jayvanti – Arth
Order
2 of 3
2. Plaintiff raised this suit against one Arth Enterprises HUF as
defendant no. 1 and one Atul B. Bharani as defendant no. 2. However,
it appears in body of plaint prefix “M/s.” is not mentioned by plaintiff.
But, HUF is mentioned as against nomenclature of defendant no. 1. It is
the only amendment which plaintiff is praying vide this Chamber
Summons. Defendants objected on ground that there exists no entity as
defendant no. 1 and defendant no. 2 is not Karta of HUF.
3. Chamber Summons is moved to specify nomenclature of
defendant no. 1 only. Merit of the matter can only be decided after
recording evidence of both parties. Proposed amendment is necessary to
correct nomenclature of defendant no. 1. At the same time, proposed
amendment will cause no prejudice to defendant no. 2. Thus, grounds
are satisfactory. Hence, following order is passed :
ORDER
1. Chamber Summons No. 319 of 2022 is allowed.
2. Plaintiff is permitted to carry out amendment as prayed for till
next date and shall supply copy of amended plaint to
defendant.
3. Chamber Summons No. 319 of 2022 is disposed of
accordingly.
4. Order is dictated and pronounced in Open Court.
5. The record of Chamber Summons shall be part and parcel of
main Commercial Suit No. 03 / 2021.
Mumbai
Dated : 07.07.2025
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.31 - Commercial Court,
Mazgaon, Greater Mumbai
Dictated on : 07.07.2025
Transcribed on : 07.07.2025
Signed by HHJ on : 07.07.2025
-- 2 of 3 --
Ch/s. No. 319 /2022
Jayvanti – Arth
Order
3 of 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07.07.2025 5.45 p.m. Prachi Y. Potdar
Stenographer - Grade I
Name of the Judge HHJ Shri. Prasad. P. Kulkarni
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
07.07.2025
Judgment/order signed by P.O on 07.07.2025
Judgment/order uploaded on 07.07.2025
-- 3 of 3 --