Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch. Summons No.841/2019 in Sum. Suit No.8098/2001
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 841 OF 2019
CNR NO.: MHCC010042902019
IN
SUMMARY SUIT NO. 8098 OF 2001
(HIGH COURT SUMMARY SUIT NO. 3164 OF 2001)
Messrs. Dev Sha Corporation ...Plaintiffs
Versus
Shree Ram Mills Limited ...Defendants
And
The Official Liquidator,
High Court Bombay. ...Respondent
Appearances:
Advocate Mr. Mehul A. Shah for the plaintiff.
None for the defendant.
CORAM : HER HONOUR ADHOC JUDGE
SONALI P. AGARWAL
(C.R.NO.14)
DATED : 05th OCTOBER, 2019.
ORAL ORDER
1. Plaintiff has stated that as per Order dated 05.10.2016 in
Company Petition No.1066 of 2015, the respondent were appointed as
Provisional Liquidator of defendant and an Appeal bearing No.394 of
2017 against Order dated 24.08.2017 was disposed off by an Order
dated 01.02.2018 and whereby the defendants were permitted to
submit proposal afresh before the Hon'ble Single Judge in the
proceedings of Company Petition No.1066/2015. Plaintiff has further
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:2: Ch. Summons No.841/2019 in Sum. Suit No.8098/2001
stated that such Company Petition No.1066 of 2015 is still pending and
accordingly appointment of Provisional Liquidator subsist and is in
operation and prayed that respondent i.e. liquidator is required to be
joined as defendant No.2 in the above suit.
2. No say filed by respondent. Considering the nature of suit and
fact that Official Liquidator is appointed for defendant and it appears he
is proper and necessary party to this suit. Hence, it will be proper to join
him in this suit. Hence, following order:
ORDER
1. Chamber Summons No.841 of 2019 is allowed.
2. Plaintiff to carry out amendment with 14 days from the date of
this Order.
3. Chamber Summons No.841 of 2019 stands disposed of.
(SONALI P. AGARWAL)
Adhoc Judge,
Date: 05.10.2019. City Civil Court,
Gr. Bombay.
Dictated on : 05.10.2019
Transcribed on : 05.10.2019
Signed on : 05.10.2019
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:3: Ch. Summons No.841/2019 in Sum. Suit No.8098/2001
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
07.10.2019 At 5:00 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Sonali P. Agarwal
(C.R.NO.14)
Date of pronouncement of
Judgment/Order
05.10.2019
Judgment/Order signed by P.O. on 05.10.2019
Judgment/Order uploaded on 07.10.2019
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