Full Order Text
Order 1 · 05 Sept 2018 · CNR MHCC010073152018
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 -- 1 of 3 -- : 2 : Chamber Summons No.1014 of 2018 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 -- 2 of 3 -- : 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 -- 3 of 3 --