Date: 03-08-2018
Business: Adv Ms. Mehrotra for plaintiff present and filed register ch/sum no.666/18 alongwith affidavit t.o.r.
None for defendant.
KB for order.
LO
Plaintiff filed ch/sum for necessary amendment and issue fresh summons upon defendant no.2. Plaintiff submits that Yashashri Engineering of property firm of one Bharanle. One more firm by same name also exist of which Manoj Goyal is the proprietor. At the time of transaction Sunil Bharale representative of plaintiff that Manoj Goyal is the proprietor. Therefore in the present case plaintiff made Mr. Manoj Goyal as the defendant no.2 as the proprietor of defendant no.1 Yashashri Engineering. Mr. Manoj Goyal i.e. defendant no.2 in negotiable proceeding node and application pointed out that he is not the person who has issued the cheque, at that time plaintiff realised that in reality defendant no.1 company should be representative through Sunil Bharale and not by Manoj Goyal therefore they filed present ch/sum.
As the Manoj Goyal is not the proprietor of defendant no.1 with whom the plaintiff has commercial transaction in respect of present suit, in reality it is the Sunil Bharale hence it is necessary to carry out said amendment. Hence I proceed to pass following order
ORDER
1. Ch/sum no.666/18 is allowed.
2. Plaintiff to carry out amendment as per rules.
Nature Of Disposal: ALLOWED
Disposal Date: 03-08-2018