Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.595 OF 2018
IN
SUMMARY SUIT NO.858 OF 2017
Hitech Corporation Limited ...Plaintiff.
V/s.
Coronet Labs Private Limited ...Defendant.
Appearances:
Ld. Adv Mr.Surbhi Gujar for plaintiff.
Ld. Adv. Mr.Arati Singh for defendant .
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 3rd December,2018
ORDER
By way of this chamber applicant/plaintiff prayed for amendment
in the plaint and the proceedings in the suit as per the schedule
attached t the chamber summons.
2. In supporting affidavit of Mr.Mehernosh A. Mehta on behalf of
plaintiff submitted that, applicant/company registered under
Companies Act,1956. Pursuant to the board resolution dt.17.03.2017
he was authorized by the company to file this suit and depose. The said
suit was filed for recovery of outstanding amount of Rs.37,70,191/
with interest against defendant. During the pendency of this
proceedings Board of Directors of the plaintiff company by way of
resolution dt.17.03.2017 changed the name of plaintiff/company from
Hitech Plast Limited to Hitech Corporation Limited and the said change
in the name approved by the Office of Registrar of Companies, Mumbai
by issuing fresh certificate of incorporation dt.03.05.2017. Pursuant to
the change in the name as per certificate of incorporation it is now
MHCC01-004088-2018
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CS 595/2018 .. 2 .. Suit No.858/2017
necessary for plaintiff to carry out the amendment in the title clause of
plaint and fact to be incorporated on record and therefore, they prayed
chamber summons be made absolute.
3. The chamber summons tried to be served upon defendant by
speed post as per postal tract record. Even though it was delivered
none appeared on behalf of defendant.
4. Heard learned Advocate for plaintiff. Perused the record and
submissions.
5. After perusing the affidavit along with certificate of corporation
dt.03.05.2017 placed on record, the name of plaintiff company has
been changed for which amendment is sought. Being subsequent
events, it is necessary to carry out the necessary changes in the title
clause of plaint and paragraph no.1(a) to be inserted in the plaint along
with documents as sought as per schedule. Due to which there is no
change in the nature of suit. The question of prejudice to the other side
does not arise. On the other hand to resolve all the dispute involved
between parties the proposed amendment is necessary. In the result, I
pass the following order :
O R D E R
1. Chamber Summons No.595 of 2018 is made absolute.
2. Plaintiff to carry out the amendment as per annexure
within two weeks and to file amended copy of the plaint on
record and be served upon other side.
3. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 03/12/2018 City Civil Court, Gr. Mumbai
Dictated on : 03.12.2018
Transcribed on : 05.12.2018
Signed on :
kps/
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CS 595/2018 .. 3 .. Suit No.858/2017
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
06.12.2018 at 4.51 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 03.12.2018
Judgment/order signed by P.O. on 06.12.2018
Judgment/order uploaded on 06.12.2018
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