Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s.850/2019 Suit 1333/2015 1
IN THE CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO.850 OF 2019
IN
SUMMARY SUIT NO. 1333 of 2015
(UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908)
(CNR.NO.MHCC010043332019)
M/s. Time Technoplast Ltd., ...Plaintiff
Versus
M/s.Abhinav Enterprises & Anr. ...Defendants
Appearances:
Advocate Mr. S.R.Satpute for the Plaintiff.
Advocate Mr.Naik for the Defendants.
CORAM : HIS HONOUR JUDGE
DEEPAK L. BHAGWAT
(C.R.NO.28)
DATE : 10th JANUARY 2020
J U D G M E N T
1. By this Chamber Summons the plaintiff requested to grant
permission to substitute the name of new authorized representative
namely Mr.Pradeepchandra Shukla in place of earlier authorized
representative Brijlal Jain.
2. The defendant resisted the Chamber Summons.
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Ch/s.850/2019 Suit 1333/2015 2
3. The Ld advocate on behalf of the plaintiff argued that there has
been change of the authorized representative of the plaintiff. Therefore,
he requested to grant permission to carry out the amendment to
substitute the name.
4. On the other hand, Ld advocate on behalf of defendant argued
that no copy of resolution is produced showing the authority has been
given. The request is made at the belated stage therefore, the
application is not maintainable. Already the defendant has filed
application for framing of preliminary issue. Therefore, the plaintiff has
no locus to file the application. On these grounds Ld Advocate on behalf
of the defendant requested to reject the Chamber summons.
5. The plaintiff has annexed copy of extract of the minutes of
resolution passed on 22.12.2018. It shows that Pradeepshukla is the
authorized signatory and has been authorized to represent the plaintiff
in all the legal proceedings. The Ld advocate on behalf of the defendant
also argued that specific case no is not mentioned in the said copy.
However, this court must note that once it is recorded that Pradeep
Shukla has been authorized to represent the plaintiff in all legal
proceedings, the term all the legal proceedings would cover present suit
also. Non filing of resolution in respect of authority of earlier
representative Brijlal Jain is not fatal to the present application. The
Application is of such nature that should be allowed in normal course so
that the plaintiff can represent through a person who is suitable as per
its requirement. In view of these circumstance the Chamber Summons
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Ch/s.850/2019 Suit 1333/2015 3
deserves to be allowed. Hence, order as follows is passed:
ORDER
1. The Chamber Summons No.850 of 2019 is allowed as under:
2. Permission is granted to the plaintiff to carry out amendment in
the plaint as per the schedule annexed with the Chamber Summons.
3. The plaintiff to carry out the amendment on or before next date.
4. The Chamber Summons No. 850 of 2019 is disposed accordingly.
(Deepak L. Bhagwat)
AdHoc Judge,
Date: 10/01/2020 City Civil Court,Gr. Mumbai
Dictated on : 10/01/2020
Transcribed on : 14/01/2020
Signed on : 14/01/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/01/2019 at 5.00p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room No.) HHJ Shri.D.L.Bhagwat
(C.R.NO.28)
Date of pronouncement of Judgment/Order 10/01/2020
Judgment/Order signed by P.O. on 14/01/2020
Judgment/Order uploaded on 15/01/2020
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