Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S.878-19 in Comm. Suit no.139-21
MHCC010045252019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO.878 OF 2019
IN
COMMERCIAL SUIT NO.139 OF 2021
M/s. Madhyam Marketing & Solutions ]
A proprietorship firm having proprietor ]
Mr.Deepak Kumar Roay through their ]
Authorized representative ]
Mr. Imran Nooruddin Khot ]
Occ:Service ]
Indian Inhabitant having office at 906, 9th floor ]
Room No.2,Span Valancia, Old Survey No.1338 ]
Mira Bhayanker Road, Behind GCC Club, ]
Near Akruti Garden, Mira Road (E), ]
Thane401 107 ]...Plaintiff
Versus
1. M/s. Interspace Solution Pvt. Ltd ]
A registered company having ]
Registration No.241779 ]
2. Mr. Maneek Jal Kotwal ]
3. Mr. Kaizad Feroze Mistry ]
4. Adille Jehangir Sumariwalla ]...Defendants
AND
1. Interspace Connect Pvt. Ltd. ]
A registered company having ]
Registration No.241779 ]
2. Mr. Uday Madhukar Lad ]Proposed defendant
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2 Ch.S.878-19 in Comm. Suit no.139-21
CORAM : HIS HONOUR ADHOC JUDGE
SHRI. RAJESH A. SASNE
(C.R.No.32)
DATED : 22nd September, 2021.
Appearance:
Ld. Adv. Mr.Q.S.Kapasi for the plaintiff.
Ld. Adv. Neha Patil h/f Adv. Akshay Kamble for defendant Nos.3 & 4.
ORDER
This chamber summons is taken out by the plaintiff for
amendment to substitute the name and addresses of the defendant
Nos.1 and 2.
2. It is the contention of the plaintiff that on search, the
plaintiff came to know that the name of defendant No.1 has been
changed from M/s. Interspace Solution Pvt. Ltd. to Interspace Connect
Pvt. Ltd. and its Director Mr. Maneek Jal Kotwal is changed with 'Mr.
Uday Madhukar Lad. Said information is received from the official
website. Accordingly the plaintiff wants to carry out necessary
amendment to that effect.
3. The defendant Nos.3 and 4 have filed reply on the chamber
summons.
4. Heard the learned Advocates for the plaintiff and defendant
Nos.3 and 4. Considering the nature of amendment, the chamber
summons is taken for the order.
5. The copy of Exh.A and Exh.B attached to the chamber
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3 Ch.S.878-19 in Comm. Suit no.139-21
summons show that in the official website, Interspace Solution Pvt. Ltd.
is having registration No.241779 and Interspace Connect Pvt. Ltd. is
having registration No.241779. It shows that the name of defendant
No.1 company has been changed.
6. It is also the contention of the plaintiff that Mr. Maneek Jal
Kotwal, the Director of defendant No.1 is also changed with new
Director Mr. Uday Madhukar Lad. Hence, the name of defendant No.2 is
also required to be changed. Considering the documents on record and
the nature of amendment sought, I am of the view that the said
amendment shall be allowed. The proposed amendment is with regard
to the specific identity of the party. Same is just and necessary to decide
the real question in controversy between the parties. Hence, the
chamber summons needs to be allowed. In the result, I pass the
following order.
ORDER
1. Chamber Summons No.878/2019 is allowed.
2. Proposed amendment in respect of defendant Nos.1 and 2 is
allowed.
3. The plaintiff to carry out the amendment within 14 days.
4. Chamber Summons No.878/2019 is disposed off accordingly.
(Rajesh A.Sasne)
Judge,
City Civil & Sessions Court,
Date : 22.09.2021 Mumbai.
Dictated online on dias computer on: 22.09.2021
Typed on : 22.09.2021
Signed by HHJ on : 23.09.2021
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4 Ch.S.878-19 in Comm. Suit no.139-21
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
24.09.2021 at 12.17 p.m.
UPLOAD DATE AND TIME
(Mrs. K.S.Bhosale)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI R.A.Sasne
(COURT ROOM NO.32)
Date of pronouncement of
judgment/order
22.09.2021
Judgment/order signed by P.O. on 23.09.2021
Judgment/order uploaded on 24.09.2021
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