Final Order 1

Order Details: Other
Pdf Text: MA 53/2019 SUIT NO.7652/98 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO.53 OF 2019
IN
SUIT NO. 7652 OF 1998
(CNR NO.: MHCC010057162019)
NOCIL LIMITED ...Applicant
IN THE MATTER BETWEEN:
National Organic Chemical Industries Limited ..Original Plaintiff
Versus
M/s.Quality Exports, & Anr. ..Respondents/
Original Defendants
Appearances:
Advocate Mr.Kaushik for the Applicant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 22ND AUGUST 2019
ORDER
This is application for amendment in suit/ decree by substituting
name of plaintiff in cause title and prayer to release amount of
Rs.3,15,000/ along with accrued interest in favour of plaintiff
company.
2. Heard Ld.counsel for applicant .
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3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to amend the name of plaintiff and
to release the amount as claimed?
Yes
2. What order ? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld.counsel for applicant has submitted that originally the suit
was filed by 'National Organic Chemical Industries Limited' whose name
was changed to 'NOCIL Limited'. Therefore, applicant wants to make
change in the suit/decree. Further the applicant wants to withdraw the
amount of Rs.3,15,000/ along with accrued interest which is deposited
by original defendant as per order of this court.
5. As far as the prayer of amendment is concerned, the record shows
that the suit is decreed on 10/12/2015. Now applicant want to amend
the plaint which has been finally decided. Also after 4 years amendment
in original decree cannot be allowed. The record shows that original
'National Organic Chemical Industries Limited' has been changed to
''NOCIL Limited. The record also shows that original defendants were
directed to pay a sum of Rs.4,26,668/ to plaintiff company. As now
NOCIL Limited will be the company to whom this amount is to be paid .
The record shows that amount of Rs.3,15,000/ is deposited by
defendant. The NOCIl Limited is the company to whom such amount is
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to be released. Therefore, point No.1 is answered 'Yes' and following
order is passed.
ORDER
1. Miscellaneous Application No.53/2019 is partly allowed.
2. The amount of Rs.3,15,000/ along with accrued interest shall be
handed over to NOCIL Limited as full satisfaction of the exparte decree
dated 10/12/2015.
3. Miscellaneous Application No.53/2019 is disposed of
accordingly.
(M.S.LONE)
Judge,
Date: 22/08/2019 City Civil Court,Gr. Bombay
Dictated on : 22/08/2019
Transcribed on : 26/08/2019
Signed on : 29/08/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30/08/2019 at 3.30p.m. Mrs.J.V.Pawar
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
22/08/2019
Judgment/Order signed by P.O. on 29/08/2019
Judgment/Order uploaded on 30/08/2019
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