Final Order 1

Order Details: Chamber summons
Pdf Text: Summary Suit No.2880/12 1 Chamber Summons No.1449/19
(CNR NO. MHCC010081582019)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1449 OF 2019
IN
SUMMARY SUIT NO.2880 OF 2012
BSN Medical Private Limited )
A Company, incorporated under the )
provisions of the Companies Act, 1956 )
Having its registered office at Unit No.501 )
& 502, Sej Plaza, Near Nutan, School )
Off S.V. Road, Marve Road, Malad (W) )
Mumbai – 400 064. )… Plaintiff
V/s.
1. Ranjan Chimanlal Ishara )
2. Ms. Parul Chimanlal Ishrani )
3. Nisha Chimanlal Ishrani )
4. Mrs. Sapna Chimanlal Ishrani )
All of Mumbai Indian Inhabitant )
residing at Madhavi Ground Floor, )
40A, Sir Balachandra Road, Dadar )
(East) Mumbai – 400 041. )....Defendants
APPEARANCE:
Ld. Adv. Yasmin Sabir for the plaintiff.
Ld. Adv. Mr.B.B. Nangre for the defendant.
CORAM : HER HONOUR ADHOC JUDGE
C.P. JAIN (C.R. NO.40)
DATED : 19th DECEMBER, 2019.
ORDER
This Chamber summons is moved by plaintiff to carry out
amendment in plaint of Summary Suit No.2880/2012.
2. In the affidavit filed along with the chamber summons,
plaintiff has averred that the name of plaintiff company is changed.
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Summary Suit No.2880/12 2 Chamber Summons No.1449/19
Therefore, with respect to this aspect amendment needs to be carried
out in plaint of suit no. 2880/12. Therefore, plaintiff has moved present
chamber summons.
3. Defendant has resisted the chamber summons by filing his
reply overleaf and prayed for appropriate order and to cross examine
the plaintiff in alternative if chamber summons is allowed.
4. In support of averments made in affidavit of chamber
summons plaintiff has annexed the certificate of incorporation.
According to this certificate, the name of plaintiff company has changed
from BSN Medical Private Limited to Essity India Private Limited.
Therefore, the averments in present chamber summons that there is
change in the name of plaintiff company is supported by the certificate
of incorporation. There no any rebuttal evidence on record to disbelieve
the averments in chamber summons and the aforesaid certificate of
incorporation. The proposed amendment is formal, not changing the
nature of suit or prejudicing defendant in any manner. Therefore, the
chamber summons of plaintiff deserves to be allowed. In result, I
proceed to pass following order.
ORDER
1. Chamber Summons No.1449 of 2019 is allowed.
2. The plaintiff shall carry out the proposed amendment as prayed
in the chamber summons within stipulated time.
3. Chamber Summons No.1449 of 2019 is accordingly disposed of.
(C.P. Jain)
Adhoc Judge, (C.R.No.40)
Date : 19.12.2019 City Civil Court, Gr. Mumbai
Dictated on :19.12.2019
Transcribed on :20.12.2019
Signed on :23.12.2019
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Summary Suit No.2880/12 3 Chamber Summons No.1449/19
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 30.12.2019, 10.45 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Shri. U. M. Mudholkar
C.R. No.48
Date of Pronouncement of
JUDGMENT/ORDER
19.12.2019
JUDGMENT/ORDER signed by
P.O. on
23.12.2019
JUDGMENT/ORDER uploaded on 30.12.2019
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