Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1975 OF 2019
IN
S.C.SUIT NO.5838 OF 2005
HIGH COURT SUIT NO.350 OF 2005
M/s.National Building Construction Corporation Ltd. ... Applicant
(Orig.Plaintiff)
In the matter between
M/s.National Building Construction Corporation Ltd. ....Plaintiff
V/s
M/s.Royal Palm India Pvt.Ltd. ....Defendant
APPEARANCE:
Advocate Mr.Pravin Singh for applicant/plaintiff.
Advocate Mr.Amit Shroff for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 21st January, 2020
ORDER
Perused Chamber Summons @ affidavit.
Written reply filed by advocate for defendant.
Heard Ld counsel Mr.Pravin Singh for plaintiff and Ld. Counsel
Mr. Amit Shroff for defendant.
Plaintiff has taken out Chamber Summons for permission to
incorporate the name of Shri.Alok Ranjan in lieu of Shri.
D.K.Vishwakarma as a representative of plaintiff.
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Defendant opposed application on the ground that application is
not maintainable and it may be kindly be rejected.
After gone through the submission on both side. I drew my
attention towards record as correctly pointed out by plaintiff initially
D.K.Vishwakarma filed suit against defendant in the court and the
plaintiff had issued special power of attorney in favour of
D.K.Vishwakarma. Later on plaintiff has filed evidence of witness
Gautam Dey vide Exh.No.5 @ list of document. He also filed evidence
as the plaintiff has issued authorization in his favour vide Exh.no.22.
However, instead of substitute the name of Gautam Dey in the plaint.
Plaintiff wants to incorporate the name of Shri.Alok Ranjan in lieu of
D.K.Vishwakarma however, plaintiff has failed to issue any kind of
authorization in favour of Alok Ranjan therefore, it cannot be
established that plaintiff has authorized Alok Ranjan to look after the
litigation on behalf of plaintiff company. Under such circumstance, I do
not find any reason in Chamber Summons and proceed to pass
following order.
ORDER
Chamber Summons No.1975/2019 is dismissed with costs.
Date:21/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 21/01/2020
Typed on :21/01/2020
H.H.J.Signed on :21/01/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21/01/2020 at 5.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
21/01/2020
JUDGMENT/ORDER signed by P.O. on 21/01/2020
JUDGMENT/ORDER uploaded on 21/01/2020
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