Final Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 1
IN
MARJI APPLICATION NO. 95 OF 2024
(CNR-MHSCA-30010122024)
IN
MESNE PROFITS APPLICATION NO. 18 OF 2013
IN
L. E. & C. SUIT NO. 9/10 OF 2007
1) Mrs. Rukhsana Manzar Khan
Age: 63, Occupation: Housewife
2) Ms. Nargis Sabiz Sheikh
Age: 58, Occupation: Household
Both having their address at
C/o. Shri Usman Yusuf Patel having his
Address at Flat No. 8A, Rosary House,
Gun Powder Lane, Mazgaon,
Mumbai – 400 010.
3) M/s. Jivesh Developers & Properties Pvt. Ltd.
A company registered under
the Companies Act, 1956
and having its registered office at
“Samir Complex”, 1st Floor,
St. Andrew’s Road, Bandra (West),
Mumbai – 400 050.
Email: legal@bhojwani.co.in
Mobile: 9619909369. … Original Plaintiffs/
Applicants.
Versus
Canara Bank (Syndicate Bank)
Constituted and functioning under the
provisions of Banking Companies (Acquisition
& Transfer of Undertakings) Act, 1970
and having its Branch office at
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Rukhsana Apartment, 9, Pali Hill,
Dr. Ambedkar Road, Bandra (West),
Mumbai – 400 050. ...Respondent/
Defendant.
And
M/s. Innovative Constructions Private Limited
A Company incorporated under the Companies Act,
1956 and having its office at
1st Floor, Samir Complex, St. Andrews Road,
Bandra (West), Mumbai – 400 050.
Email: legal@bojwani.co.in
Mobile: 9619909369. ...Applicant.
Appearance:
Smt. Priti Ramani ... Ld. Advocate for Applicants/Org. Plaintiffs.
M. V. Kini and Co. ...Ld. Advocate for Respondents.
Coram :
Date :
R. R. Kale,
The Then Judge,
C.R. No. 35 (B.B.)
(Now Judge, C.R.No. 36.)
15/01/2025.
ORDER:-
(As per Office Order No. 183 of 2024 dated 21/12/2024 and Circular
No. 3 of 2025 dated 04/01/2025.)
The present MARJI application is filed by the original
plaintiffs/applicants under Section 153 of Code of Civil Procedure,
1908.
2. It is the case of the original plaintiffs that, L.E. & C. Suit
No. 9/10 of 2007 was filed by them against Syndicate Bank seeking its
eviction from the suit premises. The said suit was decreed vide
Judgment and order dated 07/04/2012. The defendant bank filed an
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appeal before Hon’ble Appellate Bench being Appeal No. 12 of 2021
which came to be dismissed vide order dated 20/06/2024. Vide
application Exh. 8 in the appeal, dated 19/03/2021 filed by the
defendant bank, in the aforesaid appeal, the defendant informed the
Hon’ble Appellate Court, that pursuant to Gazette Notification 153 of
04/03/2020 issued by Government of India, the defendant being
Syndicate Bank has been amalgamated with Canara Bank under Section
9 of Banking Companies (Acquisition and Transfer of Undertakings) Act,
1980. Pursuant to the order of Appeal Court dated 31/03/2021, the
defendant amended their bank name from Syndicate Bank to Canara
Bank.
3. The original plaintiffs further submit in their application
that, after they came to know of the change of status of the defendant
bank, they filed MARJI Application No. 74 of 2022 for carrying out
necessary amendment to the Judgment and decree dated 07/01/2020
passed in M.P. P. No. 18 of 2013 by substituting the name of the Canara
Bank in the place of Syndicate Bank as party defendant. Despite service
of the notice of the said application, the defendant bank failed to appear
and therefore, the said MARJI Application proceeded exparte and came
to be allowed vide order dated 13/03/2023 and the decree dated
07/04/2012 came to be amended.
4. The original plaintiffs further submit in their application
that, the present MARJI Application is taken out by them inter alia for
bringing the applicant on record in place and instead of M/s. Jivesh
Developers & Properties Pvt. Ltd., the original plaintiff No. 3 herein who
has been merged with the applicant herein under the order dated
18/08/2023 passed by the National Company Law Tribunal, Mumbai
Bench IV. In view of the scheme of amalgamation being sanctioned by
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the Tribunal on 18/08/2023, the applicant No. 3 is now to be in the
shoes of the original plaintiff No. 3. Due to amalgamation procedure
and other compliance the present application remained to be made. The
delay, if any, may kindly be condoned. Thus, application be allowed. If it
is not allowed, grave and irreparable prejudice will be caused to the
original plaintiffs. Hence, the Judgment and decree be amended to
change the name of original plaintiff No. 3 from M/s. Jivesh Developers
Pvt. Ltd. to M/s. Innovative Constructions Pvt. Ltd. Contending all these
grounds, the original plaintiffs have prayed for the grant of application.
5. The defendant bank has appeared, filed say on overleaf of
the application and submitted to the leave of the Court.
6. Heard both sides at length. The Ld. Advocates on behalf of
the original plaintiffs and defendant bank have advanced their
arguments as per their respective contentions.
7. Perused the record and Roznama. I have gone through the
true copies of, the decree passed in Mesne Profit Application No. 18 of
2013; Judgment and order passed Misc. Appeal No. 12 of 2021 in M.P. P.
No. 18 of 2013 in L.E. & C. Suit No. 9/10 of 2007; order passed on
application vide Exh. 8 in Appeal No. 12 of 2021 and order passed
below Exh. 1 in MARJI Application No. 74 of 2022 in M.P.P. No. 18 of
2013 dated 13/03/2023. Perused the true copy of the order passed by
the Hon’ble National Company Law Tribunal, Mumbai Bench IV, in CP
(CAA)/65/MB-IV/2023 in CA(CAA)/42/MD/2023. Para Nos. 15 and 16
of the said order prima facie go to show that, the scheme of
Amalgamation has been sanctioned and the transferor companies are
dissolved without winding up.
8. Thus, on perusal of the above all documents, there appears
no reason to disbelieve that original plaintiff No. 3 has been merged
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with the applicant i.e. Innovative Construction Pvt. Ltd. under the order
dated 18/08/2023 passed by Hon’ble National Company Law Tribunal,
Mumbai Bench IV. Moreover, the defendant bank has not taken any
strong objection to the prayer made in the application. Therefore, the
application is required to be allowed in the interest of justice. If it is not
allowed, serious prejudice would be caused to the applicants/ plaintiffs.
Hence, I proceed to pass following order:-
: ORDER :
1. The MARJI Application No. 95 of 2024 stands allowed.
2. An amendment be carried out in the name of original
plaintiff No. 3 i.e. ‘M/s. Jivesh Developers and Properties
Pvt. Ltd.’ by substituting the name of ‘M/s. Innovative
Constructions Private Limited’ in the Judgment and
decree passed in Mesne Profit Application No. 18 of 2013
dated 07/01/2020.
3. The proceeding stands closed.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 15/01/2025. The Then Judge,
C.R. No. 35 (B.B.)
(Now Judge, C.R.No. 36.)
Order dictated on computer : 15/01/2025
Order checked & signed on : 15/01/2025
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