Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.1337 OF 2019
(CNR NO.MHCC010074632019)
IN
S. C. SUIT NO.1767 OF 2014
Kirti Vikram Wagh. ]
Mstr. Shaurya Vikram Wagh. ] .. Plaintiffs
V/s.
1. Reliance Engergy Co. ]
i) Mr. Anil Dhirubhai Ambani. ]
ii) Dr. V. K. Chaturvedi. ]
iii) Mr. J. L. Bajaj. ]
iv) Dr. Yogendra Narayan. ] .. Defendants
Appearances :
Ld. Adv. Shraddha Vavhal for plaintiff.
Ld. Adv. Hegde for defendant.
CORAM : HIS HONOUR JUDGE
SHAIKH AKBAR SHAIKH JAFAR
COURT ROOM NO.03
DATE : 02.05.2023.
ORDER
1. This Chamber Summons is taken out by plaintiff for
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amendment of plaint and addition of proposed defendant as party to
the suit as defendant. It is the contention of plaintiff that the present
defendant company has been taken over by the Adani Electricity
Mumbai Ltd. Therefore, Adani Electricity is necessary party to this suit.
Thus, prayed for addition of the Adani Company as the defendant No.2
through its directors and for consequential amendment as proposed in
schedule one.
2. The proposed defendant Adani Company appeared and
filed reply, admitting that now the defendant company has been taken
over by the Adani Company. It is its objection that Adani Company
should not be made party along with its directors and prayed that
amendment regarding the addition of its directors to the party of the
suit as rejected.
3. Heard both side. It is the contention of plaintiff that the
company is represented by directors. Therefore, name of the Adani
Company is mentioned as through directors. However, in view of
objection of proposed defendants the plaintiff has applied for change in
amendment schedule regarding proposed defendant, mentioning as “
Adani Company through its authorized person. ” It is the contention of
plaintiff that they are having no intention to make party to the directors
of Adani Company in their personal capacity. The advocate of proposed
defendant has no objection in changing the title clause of defendant
No.2 as Adani Company through its authorized person. Considering
rival submission I am of the view that Chamber Summons deserves to
be allowed. Hence, I proceed to pass following order.
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O R D E R
1. Chamber Summons No.1337 of 2019 is allowed.
2. The plaintiff is permitted to amend the plaint as per schedule.
3. The plaintiff is permitted to add the defendant No.2 Adani
Electricity Mumbai Ltd., through its authorized person.
4. The plaintiff is directed to carry out amendment within stipulated
period.
5. Chamber Summons No.1337/2019 is disposed off accordingly.
(Dictated and pronounced in open Court).
(Shaikh Akbar Shaikh Jafar)
Judge, City Civil Court,
Dated :02.05.2023 C.R. No.03, Gr. Mumbai
Dictated on : 02/05/2023
Typed on : 02/05/2023
Signed on : 02/05/2023
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“Certified to be true and correct copy of the original signed order”.
03/05/2023
at about 11.15 a.m.
(Dastagir Babalal Mulla)
Stenographer GradeI (Gazetted)
Court Room No.03, Gr. Mumbai
Name of the Hon'ble Judge : Shaikh Akbar Shaikh Jafar,
Judge, City Civil Court &
Addl. Sessions Judge
Court Room No.03, Gr. Mumbai
Date of pronouncement of
Order
: 02/05/2023
Order signed by Hon'ble Judge
on
: 02/05/2023
Order uploaded on : 03/05/2023
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