Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 867 OF 2018
CNRMHCC010064772018
IN
S.C.SUIT NO. 1018 OF 2018
CNRMHCC010038942018
Maker Tower 'I' Cooperative Housing
Society Ltd. )...Plaintiff
V/s
1. Haribhai Estates Private Limited & Anr )...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.02)
DATE : 22/06/2018.
Ld. Adv.Ms. Sonali Mehta for deft. no.1.
Ld. Adv. Mr. Dalal for deft. no.2
Ld. Adv. Munse for the plaintiff.
ORAL ORDER
This chamber summons is taken out by the plaintiff for
amendment to the suit. It is supported by an affidavit. Defendant no.2
has filed the reply thereby opposing the same.
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2. Heard learned advocates of both the sides.
3. The document ExhibitA filed along with chamber
summons reveals that the defendant no.1 Haribhai Estates Private
Limited does not exist as a company in longer and the same is merged
into the company i.e. company presently known as “Maker
Development Services Private Limited.” The Memorandum and Articles
of Association of Makers Development Services Private Limited shows
the certificate of incorporation and also the approval of Registrar of
Companies, Maharashtra Mumbai. In view of the Memorandum and
Articles of Association, it clearly shows that the defendant no.1
Haribhai Estates Cooperative Housing Society Ltd.does not exist and it
has been merged in Makers Development Services Private Limited.
Hence, considering the documents placed on record, I have gone
through the proposed amendment of the plaint. In view of the change
in circumstances, the proposed amendment is necessary for deciding the
real questions in controversy between the parties. So far as the
proposed amendment to notice of motion is concerned, as the plaintiff
has not pressed the notice of motion no. 2003/18, it does not survives.
In order to avoid the multiplicity of the proceeding and considering the
scope of provisions of Order 6 Rule XVII of the Civil Procedure Code, at
this stage the proposed amendment to the plaint as per the schedule
needs to be allowed. Hence I pass the following order.
ORDER
1. Chamber summons no. 867 /18 is allowed and
made absolute in terms of prayer clause (a)
clarifying therein that amendment only to the
plaint is allowed.
2. The plaintiff to carry out the amendment within
two weeks and shall supply the copy of amended
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plaint upon the defendants within two weeks
thereafter.
3. Chamber Summons is disposed of accordingly.
(Kishore M. Jaiswal )
Addl. Sessions Judge,
Date:22/06/2018. City Civil & Sessions Court,
Gr.Mumbai.
Dictated on :22/06/2018.
Transcribed on :28/06/2018.
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE: 30.06.2018 NAME OF STENOGRAPHER
Mrs. V.V.Mhatre
TIME: 11.25a.m.
Name of the Judge ( With Court
room no.) Shri Kishore M. Jaiswal
(Court Room No.02)
Date of Pronouncement of
JUDGEMENT/ORDER
22.06.2018
JUDGMENT/ORDER signed by
P.O. on
29.06.2018
JUDGEMENT/ORDER uploaded on 30.06.2018
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