Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS 2286/19 in Suit no. 5014/07
MHCC010132762019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2286 OF 2019
IN
SUMMARY SUIT NO.5014 OF 2007
(H. C. SUMMARY SUIT NO.1394 OF 2007)
M/S. SERVOTECH ENGINEERING
INDUSTRIES LIMITED ...Plaintiff.
V/s.
M/S. PISHU TOURS AND TRAVELS ...Defendant.
AND
M/S. SERVOTEACH INDUSTRIES LIMITED. ...Applicant
Appearance:
Advocate Saurav Gokhale a/w Adv. Sarvesh Sangle for plaintiff.
Advocate Hemali Bane a/w Akshay for defendant.
CORAM : HIS HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 29th November, 2021.
ORAL ORDER
1. The Chamber Summons is taken out by plaintiff for
amendment to change the name of plaintiff company from Servotech
Engineering Industries to Servoteach Industries Limited in the cause
title of the present Suit and other consequential amendment.
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2 CS 2286/19 in Suit no. 5014/07
2. It was submitted by the applicants that, during the
pendency of the presence suit, pursuant to the special resolution
dt.29/09/2017 the name of plaintiff company has been changed and
accordingly the address of the company has also changed and therefore
it is necessary to carry out the amendment.
3. The defendants filed reply and opposed the chamber
summons. It was submitted that the suit was fixed for hearing of
Summons for Judgment and the present application was filed. The
present application is not maintainable as first the Summons for
Judgment is required to be heard and decided. There are no records
regrading the change in the name of plaintiff company and therefore
the chamber summons be dismissed.
4. Heard Learned Advocate for plaintiff and perused the
documents annexed there to. The advocate of defendant failed to argue
on chamber summons. It seems that, the plaintiff filed the document
regarding the change in the name of company. The documents regarded
the execution and the certificate of incorporation pursuant to change of
name is also filed. The proposed amendment is only for incorporating
the name and change in address of plaintiff company. It would not
change the nature of the suit. It seems that the proposed amendment is
necessary to adjudicate the matter on merits. No prejudice will cause to
the other side and therefore, I proceed to pass the following order
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3 CS 2286/19 in Suit no. 5014/07
ORDER
1. Chamber Summons no.2286 of 2019 is allowed.
2. The plaintiff to carry out the amendment as proposed as per the
schedule on next date.
3. No order as to costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 29112021 City Civil Court, Gr. MUMBAI
Typed on : 29112021
Signed on : 29112021
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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4 CS 2286/19 in Suit no. 5014/07
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03122021 at 05.58 pm
UPLOAD DATE AND TIME (YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge HHJ SMT. R. K.
KSHIRSAGAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 29112021
Judgment/order signed by P.O. on 29112021
Judgment/order uploaded on 29112021
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