Final Order 1

Order Details: Copy of Decree
Pdf Text: MHCC010105652019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1881 OF 2019
IN
SUMMARY SUIT NO. 3138 OF 2009
(CNR NO. MHCC01-010565-2019)
Thomson Reuters India Pvt. Ltd.
A Company incorporated under the provisions
of the Companies Act, 1956 and having
its corporate office at 12th Floor , Tower 1C,
One India Bulls Center, Senapati Bapat Marg,
Elphistone Road, Lower Parel,
Mumbai- 400 013, Maharashtra, India.
... Plaintiff
Versus
S.K. Sonthalia Securities Pvt. Ltd.
A company Incroporated under the provisions
of the Companies Act, 1956 and having its
office at Ideal Plaza , 11/1, Sarat Bose Road,
Kolkata 700 020. ... Defendant
Appearance:-
Adv. Ms.Charushila More for the Plaintiff.
Adv Krishna Gopal Tripathi for the defendant.
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CORAM : HER HONOUR AD-HOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.61).
DATE : 02/02/2022
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff for
carrying out amendment in the suit plaint.
2. The Chamber Summons is taken out on the ground of
change in the name of plaintiff from “Thomson Reuters India Pvt. Ltd.”
to “ F & I India Products and Services Pvt. Ltd.” as a result of
composing scheme of arrangement between the plaintiff Thomson
Reuters India Pvt. Ltd., Thomson Reuters International Services Pvt.
Ltd. and F & I India Products and Services Pvt. Ltd. Said demerger if,
approved by Hon’ble National Company Law Tribunal, Mumbai Bench.
Further, it is said that after said change, the plaintiff’s name has been
again changed from F & I India Products and Services Pvt. Ltd. to
Refinitiv India Pvt. Ltd. The relevant certificate of incorporation
pursuant to said change has came on dtd. 13.8.2019. Hence, as a result
of said change in the name of plaintiff’s company, the plaintiff has
prayed for carrying out necessary amendment in the suit plaint.
3. The defendant has opposed the aforesaid contention saying that
no proof has been produced by the plaintiff showing the change in the
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name of plaintiff company. The documents filed by the plaintiff do not
show that the name of plaintiff company is now Refinitiv India Pvt. Ltd.
Therefore, the chamber summons needs to be dismissed for want of
necessary documents in support of prayer.
4. At the back-drop of these pleadings, I have gone through
the documents produced by the plaintiff and also the affidavit sworned
in support of the chamber summons . The first document at Exh.A is the
order passed by the National Company Law Tribunal in which the
scheme has been approved by the tribunal and the demerger of three
companies takes place. Said order is of dtd.11.4.2019 . The second
document produced below Exh.B is the certificate of incorporation
pursuant to the change of name issued by the Registrar of Companies,
ROC, Mumbai. It shows the name of plaintiff’s company has been
changed from F & I India Products and Services Pvt. Ltd. to Refinitiv
India Pvt. Ltd. with effect from the date of said certificate .
5. On perusal of said document it is crystal clear that the
name of plaintiff’s company is changed during pendancy of suit and the
relevant document regarding change of name is produced on record by
the plaintiff. Therefore, I do not find any root in the contention of
defendant that chamber summons needs to be dismissed for want of
production of document showing change of name of plaintiff company.
6. While advancing arguments, the advocate for defendant
heavily came on the issue that said change in the name of plaintiff
company has not been informed to the defendant though he was
entitled for the same. To that point the plaintiff side has submitted that
they are bound by the order passed by the NCLT, Mumbai Bench to
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convey the necessary changes to the secured creditors. The defendant is
not the secured creditor of plaintiff, therefore there was no reason for
them to inform this change to defendant. Said submission appears
genuine In-law the plaintiff company need not informed said change
as a rule to defendant as the plaintiff has filed this suit for recovery
against the defendant and the defendant is not the secured creditor of
the plaintiff. Therefore, obviously the same cannot be a ground for
rejection of chamber summons.
7. Secondly, the documents produced by the plaintiff clearly
shows that after demerger and activation of composite scheme of
arrangement,now the plaintiff is known as Rifinitiv India Pvt. Ltd. said
change is justified to be taken on record as if such change is not
considered, there will be multiples disputes regarding passing effective
orders and their executions. Further more the amendment sought by the
plaintiff is of formal nature. The same will not change the nature of suit
or cause of action. No harm or injury will be caused to the defendant , if
the amendment prayed by the plaintiff is granted.
6. Hence, in view of the aforesaid discussion, I hold that the
Chamber Summons deserves to the allowed in the interest of justice for
the reasons mentioned above. Resultantly, I proceed to pass following
order:
ORDER
1. The Chamber Summons No.1881/2019 is allowed.
2. The plaintiff is permitted to carry out necessary
amendment in the suit plaint as per the scheduled
annexed to the chamber summons within 14 days from
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the date of this order.
3. The Chamber Summons No.1881/2019 is disposed off.
Date: 02.02.2022
(A.H.KASHIKAR)
AD-HOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.61)
Dictated on : 02.02.2022
Typed on : 02.02.2022
Signed on : 03.02.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.02.2022 03.20 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
02.02.2022
JUDGMENT/ORDER signed by
P.O.on
03.02.2022
JUDGMENT/ORDER uploaded on 03.02.2022
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