Final Order 1

Order Details: Chamber summons
Pdf Text: : 1 : Chamber Summons No.1014 of 2018
CNR No.MHCC010073152018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1014 OF 2018
IN
S.C.SUIT NO.1766 OF 2017
Mr. Qateel Ahmed Mohd Yunus .. Plaintiff/Applicant
Versus
Mr. Prakash Jaikishan Bhujwani .. Defendant
AND
M/s. Universal Brand Suppliers LLC .. Respondent
(Proposed defendant No. 2)
Appearance
Ld. Advocate Rajesh Kumar for plaintiff.
Ld. Advocate S.M. Mungle for defendant.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 05.09.2018
: ORDER :
This Chamber summons is taken out by plaintiff for amending
the plaint as per the schedule of amendment.
2. Counsel for Plaintiff submitted that the plaintiff has supplied
the goods to defendant no. 1. The goods were delivered to defendant
no. 2, which is company, which is owned and controlled by defendant
no. 1. Hence, defendants no. 1 and 2 are equally liable. Inadvertently
they did not add the defendant no. 2 as a party in the suit but they have
made averment regarding the defendant no. 2 in the suit. It was further
submitted that no loss would be caused to the defendants if the
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amendment is allowed.
3. Defendant appeared and submitted that proposed defendant
having office at Dubai U.A.E. The goods were delivered there. The court
had no jurisdiction to entertain the suit and prayed to reject the
chamber summons.
4. Heard both the parties. Perused the material on record.
5. Considering the hearing it is apparent that pleading regarding
the defendant no. 2 company are made in the plaint. The court is not
dealing with the issue of jurisdiction at this stage as raised by the
defendant. Since proposed defendant is company which is owned and
controlled by defendant no. 1 and as it is not disputed by the defendant
no. 1. It can be added as party and no prejudice would cause to the
present defendant no. 1 before the court. It was submitted by the
counsel by the plaintiff notice was issued to proposed defendant no.2.
Accordingly I pass the following order.
: ORDER :
1. Chamber Summons No.1014 of 2018 is allowed in
terms of prayer clause (a) subject to cost of Rs. 2,000/.
2. Cost be paid to the defendant on or before next date.
3. After the cost is paid amendment be carried out.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 05.09.2018 Gr. Mumbai
Dictated on : 05.09.2018
Transcribed on : 05.09.2018
Signed on : 05.09.2018
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: 3 : Chamber Summons No.1014 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 06.09.2018 at 2.38 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
05.09.2018
JUDGMENT/ORDER signed by P.O. on 05.09.2018
JUDGMENT/ORDER uploaded on 06.09.2018
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