Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.1624 of 2018
CNR No.MHCC010052562018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1624 OF 2018
IN
SUIT NO.2652 OF 2016
M. Lakhamsi & Co and anr. .. Plaintiffs.
Versus
Efficient Data Pvt. Ltd. And Ors. .. Defendants
And
1. Rashmin Manilal Shah
2. Geeta Rasmin Shah .. Applicants/
Defendants no. 2 and 3.
Appearance :
Ld. Advocate Harshal Shah for plaintiffs.
Ld. Advocate Mr. Brijesh Upadhyay for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 16.11.2018
: ORDER :
This Notice of Motion is taken out by defendants no. 2 and 3
for striking out the names of their names from the array of defendants
and in alternative for rejection of plaint against them.
2. Counsel for defendants no. 2 and 3 submitted that
defendants no. 2 and 3 are the directors of defendant no. 1 company.
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: 2 : Notice of Motion No.1624 of 2018
They denied the contention of the plaintiff that friendly loan was
granted to the defendant no. 1 company and it was not paid back. It
was further submitted that no relief can be sought against them and
there is no cause of action to file this suit against the defendants no. 2
and 3. It was further contented that the defendants no. 2 and 3 has
been arrayed in the suit only on the ground that they are the directors
of the defendant no. 1 company. They being the directors are not
personally responsible for the act of the company, as company is a
separately legal entity.
3. Counsel for plaintiffs submitted that notice of motion is not
maintainable. They admitted that defendant no. 1 is the company and
defendants no. 2 and 3 are the directors of the company. They
contended that they have exchanged correspondence with the
defendants no. 2 and 3 regarding the transaction and due to this they
are liable to pay the amount jointly and severally. According to them
defendant no. 1 office is closed or shifted and defendants no. 2 and 3
are running away for the liability. They are avoiding to accept the
notice and prayed to reject the motion.
4. Heard both the parties. Perused the material on record.
5. Upon considering the hearing it is evident that the allegations
are made against the defendants no. 2 and 3. It is subsequently alleged
that the defendants no. 2 and 3 approached the plaintiff for seeking
monetary assistance. It is further pleaded that the plaintiff no. 2 and
present defendants no. 2 and 3 are having friendly relations. Further
the relief is claimed by the plaintiff against all the defendants. Thus, it
cannot be stated that there is not cause of action and there is no
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: 3 : Notice of Motion No.1624 of 2018
pleading against the defendants no. 2 and 3. Notice was also issued
against the defendants no. 2 and 3. Email were exchanged by the said
defendants with the plaintiff. Thus, considering all these circumstances
their names cannot stuck of from the plaint and accordingly I pass the
following order.
: ORDER :
Notice of Motion No. 1624 of 2018 is rejected.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 16.11.2018 Gr. Mumbai
Dictated on : 16.11.2018
Transcribed on : 16.11.2018
Signed on : 16.11.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 17.11.2018 at 1.30 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
16.11.2018
JUDGMENT/ORDER signed by P.O. on 16.11.2018
JUDGMENT/ORDER uploaded on 17.11.2018
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: 4 : Notice of Motion No.1624 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 17.11.2018 at 5.40 p.m.
REUPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
16.11.2018
JUDGMENT/ORDER signed by P.O. on 16.11.2018
JUDGMENT/ORDER reuploaded on 17.11.2018
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