Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1803/19 in Comm. Suit No. 726/21. 1 Order.
MHCC010105292019
Presented on : 10-10-2019
Registered on : 10-10-2019
Decided on : 29-11-2021
Duration : 2 years, 1 months, 11 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1803 OF 2019
IN
COMMERCIAL SUIT NO. 726 OF 2021
Thomson Reuters India Private Limited ...Plaintiff
Versus
1. Quant Commodity Broking Pvt. Ltd and Anr. ...Defendants.
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 29th NOVEMBER, 2021.
Ms. Charusheela More, Advocate for the plaintiff.
Shri Hardik Desai, Advocate for the defendant No.2.
ORDER
1. This Chamber Summons is moved by the plaintiff for
amendment in the plaint under Order VI Rule 17 of the Civil Procedure
Code (For short, ‘the CPC’). Perused Chamber Summons with
supporting affidavit as well as affidavit in reply filed by the defendant.
Heard learned counsel Ms. Charusheela More for the plaintiff and
learned counsel Shri Hardik Desai for the defendant no. 2.
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Ch/s No. 1803/19 in Comm. Suit No. 726/21. 2 Order.
2. Learned counsel Ms. Charusheela More for the plaintiff
submitted that this Chamber Summons is filed for changing the name of
the plaintiff company. She further submitted that the plaintiff company
changed to F & R India Products and Services Private Limited (TRIPL )
as a result of composite scheme of arrangement between these two
companies. She further submitted that distribution or frontline sale
business of the plaintiff company is demerged with TRIPL as per
demerger approved by national company law tribunal Mumbai vide
Order dated 11.04.2019 (Exhibit A). She further pointed out change in
name of TRIPL as Refinitiv India Pvt. Ltd. as per certificate of
incorporation dated 13.08.2019 (Exhibit D). She has also placed on
record scheme of arrangement dated 01.10.2018 in support of her
argument and prayed that Chamber Summons may be allowed.
3. Learned Counsel Shri Hardik Desai for the defendant filed
copy of Company/LLP Master Data on record and submitted that the
plaintiff's company is still in existence and it is shown as “Active”. He
further submitted that the defendant filed affidavit in reply in absence
of the plaintiff's documents which are placed on record on the date of
hearing. According to him, there is no document to show assignment of
the plaintiff company's liability to Refinitiv India Private Limited. He
prayed for rejection of Chamber Summons.
4. After considering rival contentions and documents on
record, it appears that distribution or front line sales business of the
plaintiff company is transferred and vested in TRIPL as per scheme of
arrangement dated 01.10.2018. TRIPL is renamed as “Refinitiv India
Private Limited” as per certificate of incorporation dated 13.08.2019.
Refinitiv India Private Limited has taken responsibility in respect of
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Ch/s No. 1803/19 in Comm. Suit No. 726/21. 3 Order.
liability of the plaintiff company as per clause 2.8.1 of the scheme of
arrangement. In short, part of the plaintiff's company is taken over by
the Refinitiv India Private Limited. In such circumstances, existence of
the plaintiff company does not come in the way of replacing it by the
Refinitiv India Private Limited as a plaintiff. Proposed amendment is
necessary to bring on record the developments which have taken place
after the institution of the suit. Hence, I pass the following order :
ORDER
1. Chamber Summons No. 1083/2021 is made absolute in
terms of prayer clause (a).
2. The plaintiff is directed to carry out amendment in the
plaint within 15 days from the date of this order.
3. Proceedings of Ch/s No. 1083/2021 is closed.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 29/11/2021. Mumbai.
1. Dictated online on : 29/11/2021.
2. Signed on : 29/11/2021.
3. Delivered to Certified :
Copy Section on
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Ch/s No. 1803/19 in Comm. Suit No. 726/21. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/11/2021. 1.35 p.m. Mrs P.R.Wagh
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/11/2021.
Judgment/Order signed by P.O. on 29/11/2021.
Judgment/Order uploaded on 29/11/2021.
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