Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2087 OF 2019
IN
S.C.SUIT NO.1809 OF 2016
Ptraans Logistic (India) Pvt.Ltd. ....Plaintiff
V/s
1.Arham Exim Pvt.Ltd.
2.Mr.Darshan Shan(Director)
3.Miss.Sheetal Pradip Shah. ....Defendants
APPEARANCE:-
Ld.Counsel Govind Gupta for plaintiff.
Ld.Counsel Ganesh Shetty for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 21st February, 2020
ORDER
Perused Chamber Summons and affidavit in support off &
reply filed by advocate for defendant.
Heard Ld counsel for plaintiff Govind Gupta.
Heard Ld. counsel for defendant Ganesh Shetty.
It is submitted by the plaintiff authorized officer for the
plaintiff was unavailable and he was now replaced by Mr.Banti
Sahakar. It is further submitted by the plaintiff that vide Board
Resolution dated 26.09.2019 Mr.Banti Sahakar was authorized to
look after the suit on the basis of record and therefore, it is
necessary to incorporate name of Mr.Banti Sahakar in the clause
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title by way of amendment. Prima facie looking into the fact and
circumstances the present suit was initially filed by authorized
officer Mr.Sanjay Pachauri on behalf of plaintiff. After his
unavailability it is necessary on the part of plaintiff to appoint
another officer in the present suit to look after the litigation and
accordingly plaintiff issued authorization to Mr.Banti Sahakar to
look after the suit as a capacity of plaintiff and therefore, plaintiff
wanted to make necessary amendment in the clause title to
incorporate the name of Mr.Banti Sahakar as a plaintiff. Defendant
submitted that Chamber Summons is taken out by plaintiff to fill
up lacuna he raised objection to the permission. In view of
abovesaid facts and circumstances, I found that the proposed
amendment is formal in nature and if permission is granted to the
plaintiff to amend the clause title then, no prejudice would be
caused to the case of defendant. Hence, I proceed to pass following
order
ORDER
1) Chamber Summons No.2087 of 2019 is made absolute in
terms of prayer clause no.(i) and (ii).
2) Plaintiff is directed to carry out amendment within 14
days.
Date:- 21/02/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court
Gr.Bombay
Direct Dictated on :-21/02/2020
HHJ signed on :-21/02/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/02/2020 at 4.35 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
21/02/2020
JUDGMENT/ORDER signed by P.O. on 21/02/2020
JUDGMENT/ORDER uploaded on 21/02/2020
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