Final Order 1

Order Details: Other
Pdf Text: MA 55/2019 SUM SUIT NO.3675/2010 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO.55 OF 2019
IN
SUMMARY SUIT NO. 3675 OF 2010
CNR NO.: MHCC010042302010
Magus Corporate Advisors Pvt Ltd. ...Plaintiff
Versus
Lifeline Industries Ltd. ….Defendants
Appearances:
Advocate Benita Kapadia for the Plaintiff.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 03rd October 2019
ORDER
This application is filed for amendment of judgment and decree.
2. Heard Ld. counsel for plaintiff.
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 judgment and decree dt.
05.03.2019
Yes
2.What order and decree? As per final order
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MA 55/2019 SUM SUIT NO.3675/2010 2
REASONS
AS TO POINT NOS.1 &2.
5. Initially the Summary Suit No. 1252/2010 was filed before the
Honourable High Court. In that suit, as directed by the court, amount
of Rs.5,00,000/ is deposited by the respondent company. The
deposited amount is invested in fixed deposit by the Prothonotary and
Senior Master, High Court. Thereafter suit was transferred to this court
on 05.03.2019 suit was decreed. The plaintiff was given liberty to
withdraw the amount. When the plaintiff company filed application
before the office of the High Court for the withdrawal of the said
amount, the objection was taken by the office that there is some error in
the name of plaintiff company in judgment and decree passed by this
court. The record shows that the plaintiff company is “ Magus
Corporate Advisors Private Limited”. Whereas in the judgment and
decree the name of the plaintiff company is mentioned as “ Magus
Corporate Advisors Limited”. The reason stated in this application is
satisfactory. The amendment pertains to correction of typographical
error therefore, Point no.1 answer is 'Yes' and following order is passed
ORDER
1. Miscellaneous Application No.55/2019 is allowed.
2. The Original judgment and decree shall be amended and in the
place of “Magus Corporate Advisors Limited” the name “Magus
Corporate Advisors Private Limited” shall be written in all places in
judgment and decree wherever necessary.
3. No order as to cost.
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MA 55/2019 SUM SUIT NO.3675/2010 3
4. Miscellaneous Application No.55/2019 is disposed of
accordingly.
(M.S.LONE)
Judge,
Date: 03/10/2019 City Civil Court,Gr. Bombay
Dictated on : 03.10.2019
Transcribed on : 03.10.2019
Signed on :
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MA 55/2019 SUM SUIT NO.3675/2010 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
04/10/2019 at 5.30p.m. A. S. Sugdare
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
03/10/2019
Judgment/Order signed by P.O. on 03/10/2019
Judgment/Order uploaded on 04/10/2019
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