Date: 30-08-2019
Business: None present.
Plaintiff has not filed original chamber summons. Plaintiff is directed to file register Chamber summons on record.
Adjd to 27/09/2019 for Ch/s hearing.
LO
Adv. Pratiksha Poshe for plaintiff present and tendered original Chamber Summons No.1546 of 2019.
Already adjourned to 27.09.2019 for hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Parag Shah for Plaintiff present.
Advocate for defendants absent.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1546 of 2019
Chamber summons is taken out by the plaintiff to delete name of authorized signatory of plaintiff company in cause title and to substitute the name of Pradeep Joshi as authorized signatory of plaintiff\''s company. Plaintiff has filed copy of resolution passed in the meeting of Board of Directors of company on 8th August, 2019 in support of this chamber summons.
I have gone through affidavit in support of chamber summons and copy of resolution dated 8th August, 2019. It is apparent from copy of resolution that one Pradeep Joshi, General Manager of the plaintiff company has been authorized to file suit, written statement and to do all needful acts and to appear on behalf of plaintiff company. Writ of summons is not yet served upon defendants and amendment sought is of formal nature. Therefore, I do not find it necessary to issue notice to defendants in relation to chamber summons. Praposed amendment is to delete the name of authorized signatory namely Kirit Marwana and to substitute the same by name of Pradeep Joshi in cause title of the plaint. Amendment is necessary and does not change the nature of suit and supported by copy of resolution of meeting of Board of Directors of company dated 8th August, 2019 therefore, I am inclined to allow proposed amendment. Hence, pass following order
ORDER
1. Chamber Summons No.1546 of 2019 is allowed and made absolute in terms of prayer clause (a)
Plaintiff has to carry out amendment as per schedule annexed to chamber summon within period of 14 days form the date of order.
3. Accordingly, chamber summons is disposed of.
Adjd for compliance to 11.10.2019
Nature Of Disposal: ALLOWED
Disposal Date: 27-09-2019