Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180074362021
Summary Cases/5800087/2021
IREP CREDIT CAPITAL PRIVATE LTD. Vs.
RAJESH LANDMARK PROJECTS PVT. LTD.
IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS), 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW APPLICATION EXH.21
1. Read application. Heard both sides. The advocate for
accused vehemently objected the application on the point of
maintainability.
2. Perused photocopy of Board Resolution, Assignment
Agreement. The original complainant IRP Credit Capital Pvt. Ltd. by
virtue of Assignment Agreement dated 27.03.2023 assigned all the
rights as to the Financial Assets of accused No.1 to the applicant
company which is a Registered Company with the Reserve Bank of
India as an Asset Secutirisation and Reconstruction Company under
section 3 of the SARFAESI Act 2002. The substitution of Applicant
Company in place of original complainant will not cause any prejudice
to the rights of accused at this preliminary stage. Nature of complaint
would not be going to change by way of proposed amendment and
substitution in place of original complainant. Furthermore, yet trial is
to be commenced and the respondents had every opportunity to contest
the criminal complaint filed under section 138 of Negotiable
Instrument Act on all available grounds including knowledge, nexus,
rights to assign criminal nature of proceeding etc. No prejudice would
caused to the other side. Someone is necessary to represent the legal
entity that is original complainant. Hence, I pass following order.
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2 Summary Cases/5800087/2021
Order Below Exh.21
ORDER
1. Application is allowed.
2. Complainant to make necessary amendments as prayed in
title clause of the complaint forthwith.
3. Order dictated and pronounced in open court.
( M. P. Saraf )
Judicial Magistrate, First Class,
Date : 05.09.2024 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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Order Below Exh.21
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 05.09.2024.
Transcribed and Typed on : 05.09.2024.
Order printed and Signed on : 05.09.2024.
Order Uploaded on : 05.09.2024.
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