Full Order Text
Final Order 1 · 18 Nov 2019 · CNR MHCC010067992019
Order Details: Chamber summons Pdf Text: CS 1206-19 in L.C. Suit no. 450-09 1 Date : 18.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 1206 OF 2019 IN L.C. SUIT NO. 450 OF 2009 (CNR NO.MHCC010067992019 ) Sushil Kanubhai Shah & Anr. .. Applicant / Org. Def. 1 & 2 IN THE MATTER OF Industrial Bhavan (Worli) Ltd. .. Plaintiff Versus Sushil Kanubhai Shah & Ors. .. Defendants Appearances : Adv.Ashok Wanwani for plaintiff present. Defendant and his advocate absent. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR No. : 7 Date : 18.11.2019 ORDER 1. The defendant no. 1 has filed instant Chamber Summons for amendment of Written Statement of defendant no. 1 and 2 and to bring certain facts which occurred subsequent to the filing of the Written Statement which are necessary for deciding the issue involved in the present Suit. -- 1 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 2 Date : 18.11.2019 2. It is contended by the defendants that the plaintiff Dileep Nevatia claiming various reliefs. They have filed their Written Statement on 10.06.2009. The issues were framed and the evidence of PW 1 was concluded. It is contended by the defendant that while preparing for cross examination, their advocate asked them to provide record and documents of the company for the year 1973 to 1991, as the Dileep Nevatia is claiming to be director of the plaintiff company for the aforesaid period. Therefore, it is informed by the defendant no. 1 to their adv. that Dileep Nevatia has stolen all documents from the custody of the then director Mr. B.K.Nevatia. Therefore, the defendant engaged the services of the company secretary to obtain the certified copies of record filed before the Registrar of the Companies between 1970 to 1992. In February 2013 the defendant received the certified copies of incorporation certificates of plaintiff company, Annual Return, Form No. 32, Balancesheet and list of the shareholders. 3. It is contended by the defendant that on the perusal of these documents it is abundantly clear that neither said Dileep Nevatia nor any of his family members owned any unit in the building Udyog Bhavan and he was never the director of the company between 1973 to 1991. Therefore, the defendant wanted to bring the aforesaid fact on record by way of a amendment. 4. It is further contended by the defendant that in the year 2014 the sister and son of the said Dileep Nevatia had filed Writ Petition No. 850 of 2006. In the aforesaid Writ Petition which was -- 2 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 3 Date : 18.11.2019 filed by Kunal Dileep Nevaita claiming to be the owners of 300 shares of the plaintiff company and entitled to use, occupy of entire 3rd floor and half of ground floor of Eastern side of Udyog Bhavan. In the aforesaid Writ Petition on 03.05.2006, the Hon’ble High Court has directed the said Kunal Dileep Nevatia to file affidavit to show how he became the owner of the units of Udyog Bhavan. However, the plaintiff could not file the aforesaid affidavit and subsequently, on 26.06.2006 the aforesaid Writ Petition came to be withdrawn. Thus, the aforesaid facts goes to show that neither Dileep Nevatia nor any of his family members were the shareholders in the Udyog Bhavan and they were never the director of the company therefore, the defendant wanted to bring the aforesaid fact on record by way of amendment that the aforesaid Writ Petition was withdrawn on count that the Kunal Nevatia failed to file affidavit showing his ownership of 300 shares of plaintiff company. 5. It is further contended by the defendant that in the year 2014 during cross examination in suit no. 1790 of 2010, Dileep Nevatia produced forged and fabricated certificates claiming that he, his wife and his son are the only shareholders of the plaintiff company. However, before the cross examination, Dileep Nevatia never disputed that ‘Metropolis Healthcare Limited’, ‘Gospel Literature Service’ and ‘M/s. Rajesh Brothers’ are not the shareholders of the plaintiff company. Therefore, the present defendant filed suit no. 203 of 2017 before Hon’ble High Court seeking declaration that the alleged share certificate produced by -- 3 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 4 Date : 18.11.2019 the said Dileep Nevatia are forged and fabricated. The aforesaid suit is pending. The defendant wanted to bring the aforesaid fact on record by way of one of the amendment. 6. It is further contended by the defendant that they have already filed order dated 29.06.1998 passed by the Hon’ble High Court in Notice of Motion 152 of 1997 in suit no. 3598 of 1997 wherein the Hon’ble High Court have passed the restrainment order against the Dileep Nevatia for using the Shashideep, 5/A, Worli Seaface, as residential address for any other purpose than the residence. In the year 2014, it is learnt to the defendant that the said Dileep Nevatia has filed Appeal No. 690 of 1998 before Hon’ble High Court which was came to be dismissed on 18.07.2007. The aforesaid order is challenged by the Dileep Nevatia by the Hon’ble Apex Court by way of SLP No. 14765 of 2007 which was also came to be dismissed by order dated 31.08.2018. Therefore, the defendant wanted to bring the aforesaid fact on record by way of one of the amendment. 7. It is also contended by the defendant that he has obtained the Certified copy of the Registrar of company on 21.10.2015 and 03.08.2018 which shows that said Dileep Nevatia nor his wife, his children are the directors of the plaintiff company. The Change in the constitution of directorship of plaintiff is not challenged and the present suit has become infructuous. Therefore, the defendant wanted to bring the aforesaid fact on record by way of one of the amendment. -- 4 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 5 Date : 18.11.2019 8. It is further contended by the defendant that M/s. V.K.Desai Hospital, a Partnership Firm was the owner of one Unit of the Ground Floor and entire firm of the building “Udyog Bhavan”. The defendant no. 1 and 2 were put in possession of the said premises as the partner of M/s. Dr. V.K.Desai Hospital. Names were duly recorded in the 300 shares certificate of the plaintiff company having distinctive no. 18 to 20, 256 to 353, 354 to 402, 851 to 950 and 951 to 1000. Thereafter on 01.12.2002, the name of said partnership firm was changed to ‘Metropolis Health Services’. On 04.07.2003 the said partnership firm was converted into Private Limited Company viz. ‘Metropolis Health Services India Pvt. Ltd.’ On 01.03.2006, the status of ‘Metropolis Heath Services India Pvt. Ltd.’ was again changed to ‘Metropolis Health Services India Ltd.’ On 30.01.2009, ‘Metropolis Heath Service India Ltd.” got amalgamated into its wholly owned subsidiary viz. ‘Pathnet India Pvt. Ltd.’ through a scheme of amalgamation which was duly sanctioned by Hon’ble High Court. On 01.07.2009, the status of ‘Pathnet India Pvt. Ltd.’ was changed to ‘Pathnet India Ltd.’ On 23.09.2009, the name of ‘Pathnet India Ltd’. was changed to ‘Metropolis Health Care Services Ltd.’ On 25.10.2010, the plaintiff has transferred 300 shares held by them in the name of ‘Metropolis Health Care Services Ltd.’ with prior permission of Board of Directors of the plaintiff company. Therefore, the defendant wanted to bring the aforesaid fact on record by way of one of the amendment. -- 5 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 6 Date : 18.11.2019 9. It is contended by the defendant that in para no. 9(II) of their Written Statement, they have stated that defendant no. 1 and 2 were appointed as director of plaintiff company on 24.08.2002. But, the manner in which these defendants were appointed is not been stated. Therefore, they wanted to provide explanation in the present Written Statement by way of one of the amendment in the Written Statement. 10 It is further contended by the defendants that by way of Chamber Summons, the facts and documents which are sought to be brought on record were not within the knowledge of the defendants at the time of filing of the written Statement in the present suit and they came to their knowledge in the year 2013 and 2014. 11. It is further contended by the plaintiff that filing of suit no. 2032 of 2017 by defendant no. 1 to 4 herein before Hon’ble High Court is pending for adjudication and there is no necessity for once again reagitating the aforesaid issue in the present suit. Therefore, the aforesaid amendment can not be allowed. 12. It is further contended that the issue in respect of transfer of 300 shares alleged to be transferred by the plaintiff company in the name of ‘Metropolis Health Care Service Ltd’. with prior permission of Board of Directors of plaintiff company is already decided in the suit no. 2125 of 2005 against the defendants vide, order dated 13.02.2009. The defendants filed first appeal no. 521 -- 6 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 7 Date : 18.11.2019 of 2010 before the Hon’ble High Court and no interim relief is granted in favour of the present defendants. 13. It is further contended that the Execution Application No. 369 of 2011 is pending in respect of aforesaid judgment and order dated 13.02.2009 passed in suit no. 2125 of 2005. Therefore, it is contended by the plaintiff that proposed amendment sought by the defendants are already in issue, some already are decided and others are pending in the proceedings intersay between the parties. Therefore, two or more parallel proceedings can not be allowed to continue at the same time. On these grounds, also the plaintiff prayed for dismissal of the Chamber Summons. 14. The plaintiff in support of his submission relied on the judgment of Hon’ble Bombay High Court passed in Writ Petition No. 11494 of 2018 in case of Vinod Gargi V/s. Neeta Vinod Gargi wherein Hon’ble Single Bench of Bombay High Court reiterated the principal of Order 6 Rule 17 and dismissed the appeal on the ground that there is absolutely no explaination as to why leave was not applied for prior to the commencement of trial and there was no explaination as to why leave is applied for almost one year after the conclusion of the evidence. Thus, Hon’ble Bombay High Court in the aforesaid case, held that there is no compliance of Order 6 Rule 17 of the Code of Civil Procedure. -- 7 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 8 Date : 18.11.2019 15. The plaintiff in order to buttress his argument relied on case law judgment of Apex Court reported in AIR 2009 SC Page 1433 in case of Vidyabhai & Ors. V/s. Padmalata & Ors in which the Hon’ble Apex Court laid down when the trial commences. In the aforesaid judgment again the Hon’ble Apex Court reiterated the principal of Order 6 Rule 17, contending that no application for the amendment shall be allowed after commencement of the trial unless inspite of the due diligence the matter could not be raised before the commencement of the trial. 16. The plaintiff further relied on the judgment of Hon’ble Apex Court reported in (2006) 6 SCC 498 in case of Baladev Singh & Ors. V/s. Manohar Singh & Ors., in which the Hon’ble Apex court made a distinction between the plaint and amendment of Written Statement. The Hon’ble Apex court held that in case of amendment in the Written Statement the defendant can raise inconsistent plea but that may not permitted in the amendment in the plaint. 17. It is further contended by the defendants that present amendment are crucial and necessary for determining the dispute between the parties. It is further contended that the evidence of plaintiff and the defendants are not concluded and if amendment is allowed, no prejudice would be caused to Dileep Nevatia who would be entitled to crossexamine the defendant. In the event, if the defendants are not allowed to amend their Written Statement, great harm and prejudice would cause to the defendants, on the -- 8 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 9 Date : 18.11.2019 other hand, no prejudice would be caused to the said Dileep Nevatia. Hence, the defendants prayed for allowing present Chamber Summons. 18. Per contra Dileep Nevatia, who claimed to be authorised Director of the plaintiff company, opposed the Chamber Summons by filing his reply. It is contended by the Dileep Nevatia that on 22.07.2009, the defendant no. 1 and 2 filed their common Written Statement below Exh.7 and defendant no. 3 and 4 filed their Written Statement below Exh. 8 and 9 respectively. Defendant no. 5 filed his Written Statement below Exh.10 on 11.08.2009. On 11.02.2011, this Court framed the issues and on 05.12.2011 additional issues were framed. On 13.03.2012, PW 1 has filed his Examination in Chief below Exh. 29 alongwith documents which were marked as Exh. 15 to 82, 82A and 82B. On 20.12.2012, the advocate of defendants started cross examination of PW 1 and till 20.11.2014, PW 1 was under Crossexamination. 19. It is further contended that on 07.08.2018 by consent of both the side, joint application below Exh. 90 was filed and it was decided to conduct trial of the present suit on day to day basis. Thus, It is contended that on 11.02.2011 when the Court framed the issues, the trial has been commenced and defendant after a period of 8 years is seeking to amend their Written Statement without even giving any reason for extraordinary delay of 8 years caused in filing aforesaid application. Therefore, it is contended that as per Order 6 Rule 17 of Code of Civil Procedure, the party -- 9 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 10 Date : 18.11.2019 can not claimed amendment in their pleading after commencement of the trial, unless Court comes to the conclusion that inspite of the due diligence, the parties could not have raised the matter before commencement of the trial. The Courts jurisdiction to allow such amendment is taken away unless condition precedent there to is satisfied that it comes to conclusion that inspite of due diligence the parties could not have raised the matter before the commencement of the trial. 20. It is further contended that the Hon’ble Apex Court in its several verdict held that it is primary duty of Court to decide as to whether such amendment is necessary to decide the real dispute between the parties. Only if such condition is fullfill the amendment is to be allowed. Thus, it is contended that Courts power under Order 6 Rule 17 is restricted. It puts an embargo on excise of its jurisdiction. Thus, unless the jurisdictional fact as envisaged under Order 6 Rule 17 of Code of Civil Procedure is found to be existing, the court will have no jurisdiction at all to allow the amendment in the plaint. 21. It is further contended by the said Dileep Nevatia that, as per Order 6 Rule 17, the party claiming amendments as to plead and established with in respect of due diligence that party could not have raised the matter before commencement of trial. However, the defendant in their affidavit in support of the Chamber Summons did not give any explaination as to why such leave was not applied for prior to the commencement of the trial. In fact, -- 10 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 11 Date : 18.11.2019 there is no explaination at all given as to why leave is applied for after 8 years from the commencement of trial. 22. Heard both the sides. Perused Chamber Summons, reply as well as pleadings of the parties. The plaintiff filed instant suit praying for grant of permanent order of injunction restraining the defendants by themselves and / or through their servants or agents from in any manner acting upon, relying upon the documents filed by the defendants with the Registrar of the Company in the month of January 2016 and other documents which they have filed before Registrar of the Company, allegedly on behalf of the plaintiff company. 23. It is contended by the plaintiff that in the year 1965 his father B.K.Nevatia has incorporated Pvt. Ltd. Company under the name and style ‘Industrial Bhavan (Worli Pvt. Ltd.)’ which was subsequently converted into Public Limited Company. At the relevant time his father namely B.K.Nevatia was the Chairman of the plaintiff company. His father has obtained the lease of plot no. 250D, Scheme No. 52, Worli Estate vide, Lease Deed dated 09.11.1970. 24. It is contended by the plaintiff that B.K. Nevatia and his family members were having complete control over the plaintiff company. The said Dileep Nevatia became the director of the plaintiff company from earlies 1970, when it forms Pvt. Ltd. Company and also when it converted into Public Ltd. Company. -- 11 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 12 Date : 18.11.2019 He was the Director in the company from 16.07.1973 to 13.08.1981. He was once again appointed as the director of the company on 03.10.2002. The defendant no. 1 and 2 were appointed as director from 24.08.2000. However, due to the mis conduct on the part of defendant no. 1 and 2, they were removed from the directorship by special Board of Meeting held on 17.06.2003 and since then defendant no. 1 and 2 were not directors of the company. However, inspite of the aforesaid facts, the defendant opened Bank Account at UTI Bank under erstwhile name of plaintiff company i.e. ‘Industrial Pvt. Ltd.’ and claiming themselves to be directors of said defunct company. The defendant submitted forged and fabricated documents to the UTI bank Ltd. Such Account opening form signed by the defendant no. 1 to 4. as directors of erstwhile company, purported extract of Minutes of Meeting dated 14.12.2004, purported extract of Resolution dated 15.03.2001 and purported Certificate dated 10.01.2005 of Chartered Accountant certifying that defendant no. 1 to 4 are directors of the plaintiff company. 25. It is further contended that UTI Bank Ltd. by relying upon the aforesaid forged documents open a Bank Account in the name of erstwhile company. The defendant further obtained the huge loan by mortgaging the plaintiff company’s property. 26. The defendants resisted the claim of the plaintiff by filing their Written Statement. It is contended by the defendants that they are the directors of the plaintiff company and the alleged act -- 12 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 13 Date : 18.11.2019 has been committed in their capacity as a director of plaintiff company. Therefore, they prayed for the dismissal of the suit. 27. On the basis of the rival submission of the parties, my Predecessor on 11.02.2011 framed following issues : 1. Does plaintiff prove that suit is properly filed and verifed by authorized person ? 2. Whether Civil Court has jurisdiction to grant the relif in view of the provisions of Company Law ? 3. Does plaintiff prove that the then Directors of company Dileep Nevatia was authorised to call the meeting and resolution dated 17.06.2003 is legal and valid ? 4. Does plaintiff prove that defendants have prepared and forged false documents Exh.S. to Z to the plaint ? 5. Do defendants prove that to discharge statutory liability they have opened bank accounts, as alleged? 6. Does plaintiff prove that defendants have fraudulently mortgaged property of plaintiff’s company without authority? 7. Do defendants prove legality and validity of resolution dated 03.01.2004 for removal of Karan Nevatia? 8. Whether plaintiff is entitled for the reliefs claimed ? 9. What order and costs ? 28. It is well settled law that as per order 6 Rule 17 of Code of Civil Procedure, no application for the amendment shall be -- 13 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 14 Date : 18.11.2019 allowed after the commencement of trial unless the court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before commencement of the trial. The amendment can be allowed if that goes to the root of the matter and were necessary to decide the dispute between the parties. Thus, in the present case, after going through the pleadings of the parties and issue framed by my Predecessor, it appears that there is a dispute in respect of directorship of the plaintiff company. Both the parties are claiming themselves to be directors of the plaintiff company. 29. The defendant no. 1 and 2 seeking amendment and to bring certain documents on record, firstly, in respect of filing of certain documents which they claimed that in February 2013, it was received by them after appointing Company Secretary. It is contended by the defendants that those documents shows that during period from 16.07.1973 to 13.08.1991 neither Dileep Nevatia nor his family members were the directors of the company. Therefore, defendants seeking to place those documents on record. 30. In my view, those documents are necessary to decide the claim of plaintiff that he was director of the plaintiff company between 1973 to 1991. Hence, the amendment in respect of placing on record, the documents which has been stated by the defendants in the para no. 4 of the Affidavit can be permitted to be filed on record. -- 14 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 15 Date : 18.11.2019 31. The defendants in its para no. 5 of the Affidavit is seeking to place on record, the order passed by Hon’ble High Court in Writ Petition No. 850 of 2006 whereby the Kunal Dileep Nevatia was directed to file the Affidavit in respect of ownership of 300 shares of the plaintiff company. However, the aforesaid suit came to be withdrawn by the said Kunal Dileep Nevatia. In my view, this issue goes to root of the matter. The aforesaid fact is also necessary to brought on record for deciding the dispute between parties. Therefore, in my view, the defendant seeking amendment in para no. 5 in respect of pleading of the Writ Petition No. 850 of 2006 needs to be allowed. 32. The defendants further seeking to bring filing of suit no. 203 of 2017 filed by them alleging that Dileep Nevatia has committed forgery and fabrication of the documents. In my view, the aforesaid suit was filed by the defendants themselves. The aforesaid fact could have been brought on record by them in earlier point of time. The aforesaid suit is pending for the adjudication before the Hon’ble High Court. There is no connection between the relief prayed in the aforesaid suit and the present dispute between the parties. Hence, it can not be allowed. Therefore, in my view, the proposed amendment sought by the defendants in para no. 6 in respect of suit no. 203 of 2017 needs to be rejected. -- 15 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 16 Date : 18.11.2019 33. The defendant in its para no. 7 seeking to file documents in respect of injunction order passed by Hon’ble High Court in Notice of Motion No. 152 of 1997 in suit no. 3598 of 1997 by which the Dileep Nevatia was restrained from using “Shashideep, 5A, Worli Seaface, Mumbai” address for any other purpose than as a residential address against which he has preferred the Appeal before Hon’ble High Court as well as Supreme Court. In my view, the aforesaid fact are not at all related with the fact in issue between the parties in the present suit. Hence, the proposed amendment can not be allowed. Hence, it is rejected. 34. In para no. 8, the defendants seeking to file certified copy received from ROC on 21.10.2015 and 03.08.2018 showing that neither Dileep Nevatia, his wife and children are the director of the company. The aforesaid documents can be allowed to file on record as same goes to the root of the matter and necessary to adjudicate upon the dispute between the parties. Hence, I allow the amendment in respect of para no. 8 of the Affidavit. 35. As far as regarding, proposed amendment mentioned in para no. 9. It is contended by the defendants that they have stated in para no. 9 (II) in the Written Statement that they became director of the plaintiff company on 24.08.2002 but they failed to explain the manner in which they are appointed as a directors and they are holding 300 shares in the plaintiff company. Therefore, they wanted to incorporate the pleadings in respect of the same. -- 16 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 17 Date : 18.11.2019 36. The plaintiff opposed the said amendment on the ground that the issue in respect of the aforesaid para is already decided in suit no. 2125 of 2005 and therefore, there is no need of such amendment. The plaintiff also annexed the copy of order dated 13.02.2009 passed by the C.R. No. 1 in the suit no. 2125 of 2005. The aforesaid suit is filed by the present plaintiff against the present defendants, for injunction restraining them from creating third party interest in the suit property. The issue in the aforesaid suit was that, it is alleged by the plaintiff that defendants have violated the terms and conditions of the Agreement and constructed the structure which was ordered to be demolished. Therefore, their 300 shares needs to be forfeited. 37. In the aforesaid suit the issue in respect of forfeiture was answered in negative. On perusal of the entire judgment, I could not find substance with objection of the plaintiff that issue in respect of proposed amendment is contended in para no. 9 are already decided in the suit no. 2125 of 2005. In my view, the said issue is totally different from dispute between the parties. 38. It is not in dispute that the defendants in para no. 9(II) is claimed to be the directors of plaintiff company since 24.08.2002. By way of proposed amendment as mentioned in para no. 9, defendant wanted to explain the manner in which they become the directors. Hence, in my view, the aforesaid amendment can be allowed as it does not change the nature of the suit nor they bring any new fact on the record. The aforesaid fact is necessary to -- 17 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 18 Date : 18.11.2019 decide the dispute between the parties. Hence, the aforesaid amendment in respect of para no. 9 can be allowed. Thus, in view of the aforesaid discussion, in my view, the defendant can be allowed to file the documents on record and to carry out necessary amendment contended in para no. 4, 5, 8 and 9 and proposed amendment contending in para no. 6 and 7 are hereby specifically rejected. Thus, I proceed to pass the following order : ORDER 1. The Chamber Summons No. 1206 of 2019 is hereby partly allowed. 2. Defendants are permitted to carry out necessary amendment set out in para no. 4, 5, 8 and 9. 3. The defendants to bear cost of present Chamber Summons. 4. The Chamber Summons No. 1206 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 18.11.2019 Greater Bombay. Dictated on : 18.11.2019 Typed on : 18.11.2019 Draft Submitted on : 25.11.2019 Checked on : 27.11.2019 Signed on : 27.11.2019 -- 18 of 19 -- CS 1206-19 in L.C. Suit no. 450-09 19 Date : 18.11.2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 27/11/2019 at 4.45 p.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.7) Date of Pronouncement of JUDGMENT/ ORDER 18/11/2019 JUDGMENT/ORDER signed by P.O. on 27/11/2019 JUDGMENT/ORDER uploaded on 27/11/2019 -- 19 of 19 --
