Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1901 OF 2019
IN
B.C.C.SUIT NO.8797 OF 1998
(H.C.SUIT NO.2167 OF 1998)
(CNR No. MHCC01-010724-2019)
M/s. United Phosphorous Ltd.
A Company incorporated under provision of the
Companies Act, 1985 having its administrative
office at Uniphos House, Madhu Park, 11th Road,
Khar (W), Mumbai-400 052 ….Plaintiff
Vs
1.M/s. Encee Industries, a Partnership firm
carrying on its business at 302, Gayatri
56th T.P.S.Road, Factory lane, Borivali (W),
Mumbai-400 092
2.Mr. N. M. Kotian, the partner of M/s. Encee
Industries residing at 302, Gayatri,
56th T.P.S.Road, Factory lane, Borivali (W),
Mumbai-400 092
3.Shri. Kanu Shah, the partner of M/s. N.C.
Industries, residing at 5A, Pitru Chhhaya No.2,
Opp. Gokhle High School, Shipoli, Borivali (W),
Mumbai-400 092. ....Defendants
Appearance:-
Adv. Mr. Anirudh Ganu for the Plaintiff.
Adv.Ms. Shreya Sanas for the defendant.
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CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH.
CITY CIVIL COURT
(C.R. NO.59).
DATE : 17/03/2021
ORAL ORDER
1. This Chamber Summons taken out by the plaintiff for
amendment in the title clause of the plaint.
2. Perused the Chamber Summons and reply of the defendant.
Heard advocates of the parties at length. Perused the documents on
record.
3. It is contended by the plaintiff that in the year 1998 the
name of the plaintiff company was M/s. United Phosphorous Ltd.
Thereafter , the name of the plaintiff company was changed to UPL
limited on 11.10.2013. Therefore,the plaintiff want to clause
amendment in the title clause of the plaint for changing the name and
address of the plaintiff company.
4. Considering the submissions made by the advocate of the
plaintiff, this Court holds that the plaintiff want to clause amendment in
the title clause of the plaint for changing the name and address of the
plaintiff. The proposed amendment will not change the nature of the
suit. The plaintiff has supported this contention with the copy of fresh
certificate of incorporation dated 11.10.2013.
5. In these background, the Chamber Summons deserves to be
allowed in the interest of justice and in consequence allowing the
plaintiff to clause amendment in the title clause of the plaint. Hence, I
pass following order.
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ORDER
1. The Chamber Summons No.1901/2019 is allowed.
2. Plaintiff to carry necessary amendment within 14 days
from today.
3. Chamber Summons No. 1901/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :17/03/2021 City Civil Court, Gr.Mumbai.
(Court Room No.59)
Dictated on : 17/03/2021
Typed on : 17/03/2021
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17/03/2021 05.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S.G.Shaikh (C.R.No.59)
Date of Pronouncement of
JUDGMENT/ORDER
17/03/2021
JUDGMENT/ORDER signed by
P.O.on
17/03/2021
JUDGMENT/ORDER uploaded on 17/03/2021
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