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CHAMBER SUMMONS

Ms.Borax Morarji Ltd. - Applicant - Dharamsi Morarji Chemical Company LtdVsMs.Jeevandas Lalji And Sons.

CNR MHCC01006042201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 15th January 2020

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100851/2018
Registration Date
04 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ms.Borax Morarji Ltd. - Applicant - Dharamsi Morarji Chemical Company Ltd

    Respondent

    1. 1Ms.Jeevandas Lalji And Sons.

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-07-2018
Business: Adv. Anisha Nair for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed original Ch/s no.851/18 alongwith affidavit, TOR.
Matter is adjd. to 23/08/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-08-2018

Date: 23-08-2018
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 07/02/2019  for Service.
Next Purpose: SERVICE
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Matter is adjd. to 07/03/2019 for Ch/s service.
Next Purpose: SERVICE
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Adv. Kapadia for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed service affidavit of Chamber Summons, TOR.
Matter is adjd. to 03/04/2019 for Reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: None present
Matter is Adjd for C/S Hearing to 20/08/2019
L.O.
Adv for plaintiff Ms. Benita Kapadia present
Next Purpose: C/S  HEARING
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: None for both sides
Adjd. To 04/10/19 for C/S hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: None present.
Adjd. to 05.11.2019 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv. Dave for plaintiff present.
None for deft.
Adjd. to 15.01.2020 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Adv. Benita Kapadiya for plaintiff present.
None for defendants present.
Despite service of Ch/S as per affidavit of service date 07/03/2019, the defendants failed to file reply to the Ch/S. Hence Ch/S to proceed without reply of the defendants.
Heard arguments on behalf of the plaintiff.
It reveals that Borax Company and Dharamsi Company approved scheme of amalgamation by passing board resolution. The order date 18/10/2017 as passed by NCLT also refers to the said resolution. Considering the same aspect and failure of the defendants to contest the Ch/S, the Ch/S  is allowed and permission is granted to the plaintiff to carry out the Amendment in plaint as well as summons for Judgment as prayed by substituting the name of Dharamsi Company in place of Borax company. The plaintiff to carry out amendment on or before of next date Ch/S is disposed.
Matter adjd to 02/04/2020 for compliance.
Nature Of Disposal: OTHER
Disposal Date: 15-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 106595/2018
Filing Date: 04-05-2018
First Hearing Date: 06th July 2018
Decision Date: 15th January 2020
Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Jan 2020
    Order Details: Chamber summons
Pdf Text: Dt: 15.01.2020
SUIT 3946/12
Ch/S 851/18
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
Adv. Benita Kapadiya for plaintiff present.
None for defendants present.
Despite service of Ch/S as per affidavit of service date
07/03/2019, the defendants failed to file reply to the
Ch/S. Hence Ch/S to proceed without reply of the
defendants.
Heard arguments on behalf of the plaintiff.
It reveals that Borax Company and Dharamsi Company
approved scheme of amalgamation by passing board
resolution. The order date 18/10/2017 as passed by NCLT
also refers to the said resolution. Considering the same
aspect and failure of the defendants to contest the Ch/S,
the Ch/S is allowed and permission is granted to the
plaintiff to carry out the Amendment in plaint as well as
summons for Judgment as prayed by substituting the
name of Dharamsi Company in place of Borax company.
The plaintiff to carry out amendment on or before of next
date Ch/S is disposed.
Matter adjd to 02/04/2020 for compliance.
Judge
-- 1 of 1 --
    Order 1
    15 Jan 2020
    Order Details: Chamber summons
Pdf Text: Dt: 15.01.2020
SUIT 3946/12
Ch/S 851/18
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
Adv. Benita Kapadiya for plaintiff present.
None for defendants present.
Despite service of Ch/S as per affidavit of service date
07/03/2019, the defendants failed to file reply to the
Ch/S. Hence Ch/S to proceed without reply of the
defendants.
Heard arguments on behalf of the plaintiff.
It reveals that Borax Company and Dharamsi Company
approved scheme of amalgamation by passing board
resolution. The order date 18/10/2017 as passed by NCLT
also refers to the said resolution. Considering the same
aspect and failure of the defendants to contest the Ch/S,
the Ch/S is allowed and permission is granted to the
plaintiff to carry out the Amendment in plaint as well as
summons for Judgment as prayed by substituting the
name of Dharamsi Company in place of Borax company.
The plaintiff to carry out amendment on or before of next
date Ch/S is disposed.
Matter adjd to 02/04/2020 for compliance.
Judge
-- 1 of 1 --

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