Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
MHCC010120332019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO. 2121 OF 2019
IN
SUIT NO.8577 OF 1994
Unit Trust of India (UTI) ]
a corporation Established by an ]
act of Parliament, Having its ]
registered office at 13, Sir ]
Vithaldas Thackersey Marg, ]
Bombay 400 020 through their ]
constituted Attorney M/s. Stock ]
Holding Corporation of India Ltd. ] … Plaintiff.
Versus
1. M/s. Reliance Industries Limited, ]
a Company incorporated under the ]
provisions of companies Act, 1956 ]
and Having its office at maker ]
chamber IV 3rd floor, 222, Nariman ]
Point, Mumbai- 400 021. ]
2. M/s. Reliance Consultancy Service ]
Ltd., A Company incorporated under ]
the Provisions of Companies Act, 1956]
and Having their office at 56, Morga ]
Village Lane, Off. Old Nagardas Road,]
Andheri East, Bombay- 400 069. ] ...Defendants.
Appearances :-
Learned advocate Bane for plaintiff.
Learned advocate Kinjal Kakkar holding for Advocate Bipin Shukla for
defendants.
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2 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
CORAM : HER HONOUR JUDGE
SMT. ANITA B. SHARMA
COURT ROOM NO.03
DATE : 19.04.2025
O R D E R
The plaintiffs have taken out present chamber summons for
claiming the reliefs inter alia;
(a) To allow the plaintiffs to amend the cause-title of the suit
by adding the name and addresses of the registered holders/lodger
parties :
(1) (a) Mr. Rajendra Gulabchand Bafna and
1(b) Mr. Sanjay Gulabchand Bafna both having address at, Kundan,
280/1, M. P. Peth, Pune- 411 042,
(2) Kanubhai Chandulal Parikh, having address at, 5/148, Nimay Nagar
Chandlodia Road, Ahmedabad-382 481,
(3) B. R. Sachdeva, having address at, 1E/13, Jhandewan Extn, New
Delhi,
(4) Parikh Alkaben Jatinkumar, 5/148, Nimaynagr Chandlodia Rd.,
Ahmedabad-382481,
(5) Times Guaranty Financials Ltd., having address at, The Times of
India Bldg., Ground Floor, Dr. D. N. Road, Mumbai-400001,
(6) Mr. Prahalad Ray Agarwal, having address at, C/o. Shiva
Engineering Works, 2, India Exchange Place, 1st Floor, Kolkata-700001
and allow the plaintiffs to amend the cause title of the plaint and
proceedings as per schedule annexed hereto;
(b) To grant ad-interim reliefs in terms of prayers (a) above;
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3 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
(c) To grant any other and further reliefs as the nature and
circumstances of the present application may require.
2. In affidavit in support, the plaintiffs have contended that
the plaintiffs have filed the above suit for declaration that, the plaintiffs
are absolute owners of and entitled to 16,800 suit shares of 1st
defendant Company. It is further contended that, the plaintiffs through
various e-mails addressed to defendant No.l and its Registrar and
Transfer Agent (RTA) KARVY Fintech thereby requested to provide
details and present status of the suit shares. It is also contended that in
response to emails of the plaintiffs, the RTA of defendant No.1 KARVY
Fintech vide its letter bearing Ref. No.KFPL/RIL/LGL/CF-908/2019
dated 15th July, 2019 addressed to objections. Team of the plaintiffs
thereby forwarded the details and names of lodger parties/registered
holders of 350 suit shares and informed the plaintiffs to join the said
lodger parties/registered holders as parties to the present suit.
3. According to the plaintiffs, with the said letter dated 15th
July, 2019 the said KARVY Fintech provided chart wherein the names of
respondents are mentioned as registered holder/lodger. It is also
contended that the respondents are necessary and proper parties to the
present suit as they are either lodger parties/ registered holders of 350
suit shares. It is further contended that by the present amendment
nature of the suit or prayers or defence will not change at all. The
present amendment is of formal nature and does not affect any rights of
the defendants. Hence, the plaintiff prays to allow the chamber
summons.
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4 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
4. Despite of the notices issued to the respondents through
paper publication, they failed to appear. Hence, the chamber summons
proceeded further. The defendant No.1 has failed to file reply to the
present chamber summons. Therefore, the chamber summons
proceeded without his reply.
5. Perused chamber summons, affidavit of service and record.
Heard learned advocate for plaintiff.
6. The record indicates that the suit is filed in the year 1994
for declaration and injunction. During the pendency of the suit, the
plaintiffs have made correspondences through E-mail and thereby asked
details and present status of the suit shares. Pursuant there the
defendant No.1 issued letter and forwarded the details of the registered
holder of suit shares to the plaintiff. In view of the subsequent
development, the plaintiffs want to add the names of lodger parties/
registered holder of the suit shares.
7. I have gone through the proposed amendment. It seems
that it is in respect of communications and correspondences with the
defendant No.1 and also in respect of the names of registered holders of
the suit shares. The suit is for declaration of 16,800 shares. Therefore,
the registered holder possessing 350 suit shares are the necessary
parties to the present suit. It is further seen that the proposed
amendment nowhere changes the nature of the suit and it is very much
required to decide the controversy between the parties and the just
decision of the case.
8. Considering the facts and circumstances and the nature of
amendment, I am of the view that in the interest of justice and for
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5 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
deciding the rights of the parties on merit, the proposed amendment is
necessary. In the result, following order is passed:-
ORDER
1. The Chamber Summons No.2121 of 2019 is hereby allowed in
terms of prayer clause(a).
2. The plaintiffs are permitted to carry out amendment as per the
schedule within the stipulated period.
3. After carrying out amendment, the amended plaint be served on
the other side.
4. After carrying out amendment, Writ of Summons be issued to the
newly added defendants through the Bailiff.
5. The Chamber Summons No.2121 of 2019 stands disposed of
accordingly.
(Smt. Anita B. Sharma)
Judge,
City Civil Court, Greater Bombay
Date : 19.04.2025 C.R. No.03
Dictation typed on :
Checked & Signed on :
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6 Ch/sum No.2121 of 2019 in
Suit No.8577 of 1994
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
23.04.2025 at 04.45 p.m. Mrs. Vasanti Dattatray Bhosale
Name of the Judge (with Court Room no.) HHJ Smt. Anita B. Sharma
(Court Room No.03).
Date of Pronouncement of Judgment/Order 19.04.2025
Judgment/Order signed by P.O. on 23.04.2025
Judgment/Order uploaded on 23.04.2025
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