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Court Order

Final Order 1

CNR MHCC01006712201902 Jan 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 02 Jan 2020 · CNR MHCC010067122019

Order Details: Chamber summons
Pdf Text: 1 Ch/s 1193/19 in Suit 8941/93
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1193 OF 2019
IN
SUIT NO. 8941 OF 1993
CNR NO. : MHCC010067122019
Growell Agrochem (Bombay) Pvt. Ltd. ...Plaintiff
Versus
Mahalakshmi Sugar Milla Co. Ltd. ...Defendant
Appearance:
Ms. Roshni Bhandary, advocate for the Plaintiff.
CORUM :SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 02/01/2020
ORAL ORDER
1 The chamber summon is filed by the plaintiff to amend the
plaint as per schedule annexed to the chamber summons to delete
the name of the defendant company and substitute it as
“Dhanashree Agro Products Private Limited”. The plaintiff has also
prayed the consequential amendment as per para 2 of the
Schedule annexed to the chamber summons. The chamber
summons is supported by affidavit of Chelakara Ramnath
Venkatraman, the authorized representative of the plaintiff
company. He on oath stated that the name of the defendant
company is changed as per the certificate issued by Registrar of
Companies, U.P., Kanpur. Therefore, the amendment is necessary.
Hence prayed to allow the chamber summons.
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2 Ch/s 1193/19 in Suit 8941/93
2. The notice of the chamber summons was issued to the
defendant. The defendant is served through Registered Post. The
defendant failed to appear even after service of notice of chamber
summons. Hence chamber summons proceeded Exparte against
the defendants.
3. The plaintiff has filed xerox copy of the certificate issued by
Registrar of Companies. It shows that the defendant company's
name is changed from “Lakshmi Sugar Mills Company Private
Limited” to “Dhanashree Agro Products Private Limited” with
effect from the date of the certificate i.e. 26.08.2016 (Exh.A).
Therefore it is necessary to bring on record the change of the
name. Hence, the chamber summons needs to be allowed to
incorporate the change in the name of the defendant company.
Hence, pass the following order:
ORDER
1. Chamber Summons is made absolute as per
prayer clause 'a'.
2. The plaintiff to carry out necessary
amendment within limitation.
3. Accordingly, chamber summons is disposed of.
(Smt. S.S. Nagur)
Adhoc Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 02/01/2020.
Transcribed on : 03/01/2020.
Sign on : 03/01/2020.
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3 Ch/s 1193/19 in Suit 8941/93
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
04/01/2020 10.50 a.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
02/01/2020
Judgment/order signed by P.O on 03/01/2020
Judgment/order uploaded on 04/01/2020
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