Final Order 1

Order Details: Other
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1578 OF 2019
IN
SUMMARY SUIT NO. 597 OF 2015
(CNR NO. MHCC01-008909-2019)
M/s. Pudumjee Pulp & Paper Mills Ltd.
A company incorporated under Companies
Act, 1956, having its Corporate & Sales office
at Jatia Chambers , 60, Dr. V.B. Gandhi Marg,
Mumbai- 400 001.
... Plaintiff
Versus
1. Arkasish Publications Pvt. Ltd.
a company incorporated under the Companies
Act, 1956 having its registered office and
Factory at A.K. Deb Road,
Katahbari Garchak, Guwahati Assam- 781 035.
2. M/s. Trees Consultancy India Ltd.,
a company incorporated under the Companies
Act, 1956 having its registered office at 104,
DDA , Tower-I, District Center, Janakpuri, New
Delhi- 110058. ... Defendants
Appearance:-
Adv. Mallikarujun K. for the Plaintiff.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 3.1.2022
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2 Ch/s.1578/2019
in Sum. No. 579/2015
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff for
amendment to the title of the suit plaint.
2. The Chamber Summons is served on the defendant but
they failed to reply the same.
3. Perused the Chamber Summons. Heard advocate for the
plaintiff at length.
4. The chamber summons is supported by the order passed by
Hon’ble His Lordship Justice K.R. Shriram on dtd.8.1.2016 granting
scheme of de-merger of plaintiff’s company. It transpires from the
record that the plaintiff company has been demerged from the
Pudumjee Pulp and Paper Mills Ltd. to Pudmajee Paper Products Ltd. in
the company petition No. 720/2015 to 723/2015 w.e.f 1st February,
2016 by an order dtd. 8.1.2016 passed by Hon’ble High Court.
5. Since, the plaintiff company has been de-merged from
Pudumjee Pulp and Paper Mills Ltd. to Pudmajee Paper Products Ltd,
said necessary change is required to be taken into consideration and
allowed to be taken on record by way of amendment to the title of the
suit plaint in the interest of the justice. The submission of plaintiff is not
challenged by the defendant side. Further, the amendment is necessary
in view of the de-merger and the orders passed by Hon’ble High Court.
Hence, I hold that the amendment is justified and deserves to be
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3 Ch/s.1578/2019
in Sum. No. 579/2015
allowed in the interest of justice.
6. Resultantly, I proceed to pass following order:
ORDER
1. Chamber Summons no. 1578/2019 is allowed.
2. The plaintiff is permitted to carry out amendment in the Suit
plaint title as per the contents of Chamber summons on or before 14
days from the date of passing of this order.
3. Consequential amendment is permitted.
4. Chamber Summons no. 1578/2019 stands disposed off.
Date: 3.1.2022
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on : 3.1.2022
Typed on : 3.1.2022
Signed on : 3.1.2022
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4 Ch/s.1578/2019
in Sum. No. 579/2015
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
4.1.2022 01.20 p.m. ( K.M.RANA)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H.KASHIKAR (C.R.No.61)
Date of Pronouncement of
JUDGMENT/ORDER
3.1.2022
JUDGMENT/ORDER signed by
P.O.on
3.1.2022
JUDGMENT/ORDER uploaded on 4.1.2022
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