Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010097422019 Presented on 24/09/2019
Registered on 24/09/2019
Decided on 16/07/2024
Duration 04Y: 09M: 22D
IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
CHAMBER SUMMONS NO. 1728 OF 2019
IN
NOTICE OF MOTION NO. 1183 OF 2016
IN
SUMMARY SUIT NO.647 OF 2019
M/s. Latur Solvent Extraction ]...Applicant/Org.Deft.
In the matter between:
M/s. Servotech India Limited ]...Plaintiff
V/s.
M/s. Latur Solvent Extraction ]...Defendant
Appearance:-
Ld. Adv. Anjali Ghilani i/b. Raval Shah & Co. for plaintiff.
Ld. Adv. Sonali Pawar i/b. Adv. D. H. Pawar for defendant.
CORAM : HHJ SHRI SANGRAM SHRIHARI SHINDE
C. R. NO. : 81
DATE : 16/07/2024
O R D E R
01. This Chamber Summons is taken out by the defendant to
carry out amendment in Notice of Motion No. 1183/2016 as per the
schedule annexed Exh. B to the chamber summons.
02. The defendant has taken out this chamber summons on
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07/09/2019. The plaintiff has filed their reply and resisted chamber
summons and prayed for dismissal of it.
03. It is argued on behalf of the defendant that he has taken
out Notice of Motion No.1183/2016. Further, when it was fixed for
arguments, he realized that plaintiff has filed present suit without
proper authorization and also not annexed any Board Resolution at the
time of filing suit. One Mr. Lahoti has signed the plaint however, he has
not authorized to file suit. On this ground suit is liable to be dismissed.
The defendant has filed two notice of motion on the ground suit is
barred by limitation and this court has no jurisdiction to decide the
matter respectively. Therefore, defendant want to amend notice of
motion No.1183/2016 and add ground that suit is liable to be dismissed
as it is not signed by authorized person. If proposed amendment is
allowed no prejudice would cause to the plaintiff. Therefore, defendant
may be allowed to carry out proposed amendment. Hence, chamber
summons may be allowed.
04. On the other hand, it is argued on behalf of plaintiff that
one Radhe Shyam Lahoti is authorized by plaintiff company to file suit
vide resolution dated 30/10/2012. It is further argued that
inadvertently said board resolution authorizing Director of a plaintiff
company remained to be annexed and not pleading is a procedural
defect and it is curable in nature. Further, said issue does not go to the
root of matter to hold suit is not maintainable. The proposed
amendment is not tenable and after thought. Hence, chamber summons
may be rejected.
05. Perused chamber summons, reply and record. Heard both
the parties. On perusing record, defendant has filed two notice of
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motions one to dismiss suit on the ground of limitation and other on the
ground this court has no jurisdiction to decide the suit. As per
defendant the plaintiff has filed suit through one Mr. Lahoti who is not
authorized by plaintiff company and even board resolution to that effect
is not filed on record by the plaintiff. Therefore, he wants to take this
additional ground in his notice of motion No.1183/2016. Thus,
considering nature of proposed amendment, it appears that if chamber
summons is allowed no prejudice would cause to the plaintiff. The
plaintiff can very well contest the notice of motion and argue on said
aspect. Therefore, I am of the view that it is necessary to allow the
chamber summons and allow the defendant to carry out proposed
amendment as mentioned in schedule 'B' annexed to the chamber
summons in Notice of Motion No.1183/2016. The Notice of Motion No.
1183/2016 is filed in the year 2016 and present chamber summons is
filed on 07/09/2019 at belated stage. Therefore, inconvenience caused
to plaintiff needs to be considered by imposing costs on the defendant.
Hence, I proceed to pass following order:-
ORDER
1. Chamber Summons No.1728 of 2019 is allowed subject to costs
of Rs. 1,000/- to be paid to the plaintiff or deposit in the Court on
or before next date.
2. After, depositing costs, the defendant is directed to carry out
proposed amendment in the Notice of Motion No. 1183/2016 on
or before next date.
3. Defendant to serve amended copy of Notice of Motion No.
1183/2016 to the plaintiff.
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4. Chamber Summons No.1728 of 2019 is disposed off
accordingly.
(Sangram. S. Shinde)
Adhoc Judge,
City Civil Court, Mazgaon, Mumbai.
C.R.No.81
Date- 16/07/2024
Dictated on : 16/07/2024
Corrected & signed on : 18/07/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE NAME OF STENOGRAPHER
18/07/2024 Mrs. V. V. Malgaonkar
Name of the Judge
(with Court Room No.)
Shri. Sangram S. Shinde
C.R. No.81
Date of Pronouncement of JUDGMENT/
ORDER
16/07/2024
JUDGMENT/ORDER signed by P. O. on 18/07/2024
JUDGMENT/ORDER uploaded on 18/07/2024
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