Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Chamber Summons No.1720/19
in Summary Suit No.297/2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1720 of 2019
IN
SUMMARY SUIT NO.297 OF 2018
Thomson Reuters India Private Limited
A Company incorporated under the
provisions The Companies Act, 1956 and
having office at 12th floor, Tower 1C, One
Indiabulls Centre, Senapati Bapat Marg,
Elphiston Road, Lower Road,
Mumbai 400 013. … Plaintiff
Vs.
P.P.Jewellers Pvt.Ltd.
A company incroporated under the
provisions of The Companies Act, 1956,
having its registered office at H5,
Netaji Subhash Place, Pritampura,
New Delhi110116 and another office
at PP Chowk, Gurudwara Road Corner,
Karol Baug, New Delhi 110005. ....Defendants
Appearance:
Learned Advocate Mr.Chaurasiya More for the Plaintiff.
Learned Advocate Ms. Priyanka Shah for the defendant.
CORAM : HER HONOUR ADHOC CIVIL JUDGE
SMT. C.P.JAIN (C.R.NO.40)
DATED : 23rd November, 2019.
ORDER
1. This Chamber of summons is taken out by plaintiff praying
to permit them to amend the plaint.
2. In the affidavit taken out along with the chamber of
summons it is averred by the plaintiff that they have filed a summary
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in Summary Suit No.297/2018
suit for recovery of sum of Rs.16,04,827.40/ along with interest from
defendant. The initial name of plaintiff was “Thomson Reuters India
Private Limited”. It was changed to 'F & R India Products and Services
Private Limited'. As a result of Composite Scheme of Arrangement
between plaintiff i.e. Thomson Reuters India Private Limited, Thomson
Reuters International Services Private Limited and F & R India Products
and Services Private limited, the said demerger is approved by the
Hon'ble National Company Law Tribunal, Mumbai Bench, by its order
dated 11/4/2019. Thereafter the name of plaintiff is again changed
from 'F&R India Products and Services Private Limited' to 'Refinitiv
India Private Limited'. Therefore plaintiff wants to amend the cause
title of the plaint by substituting the name of name of plaintiff company
as 'Refinitiv India Private Limited' instead of 'Thomson Reuters India
Private Limited'. According to plaintiff, the proposed amendment
sought is formal and not changing the nature of suit or cause of action.
Therefore plaintiff has prayed for allowing their chamber summons.
3. Defendants have resisted the chamber summons by filing its reply
and denied all the averments in the chamber summons. According to
defendant as is averred by plaintiff there is no amalgamation but there
is demerger of the company. The order also speak about demerger and
not amalgamation of the plaintiff company. The order passed by the
NCLT speaks of demerger and not about the scheme of amalgamation.
The application of plaintiff is therefore false and deserves dismissed out
rightly. Therefore they have prayed for dismissal of chamber summons.
4. Heard both the learned advocates. Perused the proceeding.
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in Summary Suit No.297/2018
5. The very objection of defendants that the order of NCLT is with
respect to scheme of demerger and not amalgamation is not sound. The
para 11 (a)and para 12 of the order of NCLJ dated 11/4/2019 is clearly
speaking about the amalgamation of the petitioner companies namely
Thomson Reuters India Private Limited, Thomson Reuters International
Services Private Limited and F & R India Products and Services Private
limited. It is clearly observed that the compliance required under
section 230 (5) of the Companies Act 2013 with respect to serving
notices to the concerned authorities which are likely to be affected by
the amalgamation is complied by the aforesaid petitioner company. If
there is no amalgamation of the aforesaid three companies, there would
not have been such recitals in this order dated 11/4/2019. No doubt
there is no clear certificate of incorporation with respect to change of
name from 'Thomson Reuters India Private Limited' to 'F & R India
Products and Services Private Limited' on record. However, the
document at Exh.B annexed with the chamber summons is certificate of
incorporation of changing the name of company of 'F & R India
Products and Services Private Limited' to 'Refinitiv India Private
Limited'. If the documents of order of NCLJ dated 11/4/2019 about
amalgamation of all the three companies Thomson Reuters India Private
Limited, Thomson Reuters International Services Private Limited and F
& R India Products and Services Private limited so also the document at
Exh.B i.e. certificate of incorporation of change of name from 'F & R
India Products and Services Private Limited' to Refinitiv India Private
Limited' are taken into account, the averments in the chamber of
summons cannot be doubted. Furthermore, if plaintiff is filing the suit
with wrong name, it will be plaintiff who will fail in his case.
Defendants have all opportunity open to rebut all these facts at the time
of final hearing. When plaintiff is coming with the case and if it is filed
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in Summary Suit No.297/2018
in the wrong name, it is plaintiff who will be the sufferer and not the
defendant. Defendant need not bother for the same. On the contrary,
defendant has defence if the plaintiff has come with wrong name in this
suit. Therefore the arguments of learned advocate for defendant cannot
be countenanced. On the contrary arguments of learned advocate for
plaintiff has substance.
6. If the nature of amendment sought in present chamber summons
is taken into account, it is clear that it is only with respect to change of
name in the cause title of the plaint. Amendment is therefore formal
not changing either the nature of suit or will prejudice defendant in any
manner. Unless any such case is made out, the prayer of plaintiff to
carry out the amendment in the plaint cannot be rejected. For all
aforesaid discussion, the chamber summons of plaintiff deserves to be
allowed. In result I proceed to pass following order;
ORDER
1. Chamber Summons No.1720 of 2019 is allowed in terms of prayer
clause (a).
2. The plaintiff is permitted to carry out the amendment in plaint as
prayed within stipulated time.
3. Chamber Summons No.1720 of 2019 is accordingly disposed of.
(C.P.Jain)
Adhoc Civil Judge
City Civil Court,
Gr. Bombay
Date : 23/11/2019
Dictated on : 23.11.2019
Transcribed on : 27.11.2019
Signed on : 30.11.2019
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in Summary Suit No.297/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME : 9.12.2019 AT 04.47 am
NAME OF STENOGRAPHER : MRS. Prajakta K. More
NAME OF THE JUDGE HHJ SMT.C.P.JAIN
(C.R.No.40)
Date of Pronouncement of Order 23/11/2019
Order signed by the P.O. On 23/11/2019
Order uploaded on 9/12/2019
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