Final Order 1

Order Details: Other
Pdf Text: 27.09.2019
Comm SU
26/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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
Judge
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