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Court Order

Interim Order 1

CNR MHCC01004625202027 Oct 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Interim Order 1 · 27 Oct 2020 · CNR MHCC010046252020

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.605 OF 2020
IN
S.C.SUIT NO.236 OF 2020
Bitumen Corporation (India) Private Limited ....Plaintiff
V/s
Smt.Anupama Patil & Ors. ....Defendants
APPEARANCE:-
Ld.Counsel C.D.Mishra for plaintiff.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 27th October, 2020
ORDER
Perused Chamber Summons and affidavit in support
of.
Heard Ld counsel for plaintiff Mr.C.D.Mishra.
It is submitted by the plaintiff that the authorized
officer for the plaintiff was left service of plaintiff company
and he is now replaced by authorized representative
Mr.Uday Singh Jaiswar. It is further submitted by the
plaintiff that vide Extract Resolution dated 26.07.2018 and
11.07.2019 Mr.Uday Singh Jaiswar is authorized to look
after the suit on the basis of record and therefore, it is
prayed that name of Mr.Uday Singh Jaiswar is incorporate
in the suit instead of Mr.Paren P. Patankar.
Prima facie looking into the facts and circumstances,
the present suit is filed by authorized officer Mr.Paren P.
Patankar on behalf of plaintiff. After he has left the service
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of the company it is necessary on the part of plaintiff to
appoint another officer in the present suit to look after the
litigation and accordingly plaintiff issued authorization in
favour of Mr.Uday Singh Jaiswar to look after the suit as a
capacity of plaintiff and therefore, plaintiff wanted to make
necessary amendment in the clause title to incorporate the
name of Mr.Uday Singh Jaiswar as a plaintiff. Defendants
duly served however, they failed to apapear and accordingly
suit is proceeded exparte against them amendment is of
technical. Thus, I found that the proposed amendment is
formal in nature and if permission is granted to the plaintiff
to amend the clause title, no prejudice would be caused to
the case of defendant. Hence, I proceed to pass following
order
ORDER
1) Chamber Summons No. 605 of 2020 is made absolute
in terms of prayer clause.
2) Plaintiff is directed to carry out amendment within
14 days.
Date:- 27/10/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on :- 27/10/2020
Typed on :-27/10/2020
H.H.J.Signed on :-27/10/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/10/2020 at 1.15 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
27/10/2020
JUDGMENT/ORDER signed by P.O. on 27/10/2020
JUDGMENT/ORDER uploaded on 27/10/2020
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