Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.2336/2019 in Suit No.4349/2010
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2336 OF 2019
IN
SUIT NO.4349 OF 2010
(CNR NO. MHCC010135632019)
Uttam Bhurmal Jain and Anr. …. Plaintiffs
Versus
Adecco Flexione Worksforce Solutions Ltd ….Defendant
Appearance:
Mr. Shubham Kadam, Advocate for plaintiff.
Mr. Dharmesh Jain, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
JUDGE,
(C.R.NO.20)
DATE : 22/03/2021
ORAL ORDER
1) The chamber summons is filed by plaintiff to amend
the titled clause of the plaint. The chamber summons is
supported by affidavit of Uttam Bhurmal Jain The plaintiff stated
that they got knowledge that the defendant company got
amalgamated. Therefore proposed defendant No. 2 is necessary
party to the suit. Hence prayed to allow the application. The
defendant filed filed reply and objected on the ground that
application is not tenable. There is a delay to file the application.
Hence prayed to reject the application.
2) Heard advocate for both the parties. Perused
contents of chamber summons and reply supported by affidavit.
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CS No.2336/2019 in Suit No.4349/2010
2
The plaintiff has filed the document i.e. Scheme of
amalgamation. The defendant No. 1 company is amalgamated
with proposed defendant No. 2. Considering the nature of suit
and the dispute between the parties, the defendant No. 2 is the
necessary party to the suit. No prejudice will cause to the
defendant No. 1 incase the chamber summons is allowed. The
defendant No. 1 can be compensated with cost. Hence pass
following order :
ORDER
1. The chamber Summons is allowed on
payment of cost of Rs. 2,000/
(Rupees Two Thousand Only).
2. On payment of the above cost, the
plaintiff to carryout the amendment
in the suit as per schedule to the
chamber summons within limitation.
3. Accordingly, Chamber Summons is
disposed of.
(S.S. Nagur)
Date : 22/03/2021 Judge
City Civil Court,
Greater Mumbai.
Dictated on : 22/03/2021
Typed on : 22/03/2021
Signed on : 22/03/2021
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CS No.2336/2019 in Suit No.4349/2010
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
22.03.2021 & 5.55 pm : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 22.03.2021
Order
Judgment/Order signed by the P.O. on : 22.03.2021
Judgment/Order uploaded on : 22.03.2021
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