Allowed a Chamber Summons in Summary Suit No. 1204 of 2011 to amend the plaint by adding the Official Liquidator as a party defendant, directing amendment within one week and service thereafter.
Chamber Summons allowed; applicant directed to amend plaint, fold pending proceedings, and serve amended plaint on added defendant.
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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORIDINARY ORIGINAL CIVIL JURISDICTION.
CHAMBER SUMMONS NO. 1584 OF 2015 IN SUMMARY SUIT NO. 1204 OF 2011
Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, Appearances, court’s orders or directions and Prothonotary’s orders
Ms. S. M. Nadkarni i/b S. M. Khaire for the Applicant/Plaintiff. None for the Defendant.
CORAM : K. K. TATED, J. DATED : 16/12/2015.
P.C.:
. Heard learned Counsel for the applicant. None for the Defendant.
2 This Chamber Summons is preferred by the plaintiff for joining the official liquidator as party defendant in Summary Suit No. 1204 of 2011 in view of order dated 04.12.2014 passed by this Court (Coram : S.J. Kathawalla, J) in Company Petition No. 365 of 2013 alongwith Company Application (L) No. 536 of 2014.
3 The learned counsel for the applicant undertakes to file affidavit of service within one week from today. Undertaking is accepted.
4 Considering the submissions made by the
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Sneha Chavan
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learned counsel for the Applicant and the averments made in affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing this Chamber Summons.
5 Hence, the following order:
i) Chamber Summons is allowed in terms of prayer clause (a) which read thus:
“a) That this Hon'ble Court be pleased to permit the Applicants/Plaintiffs to amend the Plaint in Suit No. 1204 of 2011 as per the Schedule annexed to the Chamber Summons;”
ii) Applicant to carry out appropriate amendment in plaint and pending proceeding, if any, on or before 08.01.2016, failing which Chamber Summons shall stand dismissed without further reference to the court.
iii) If amendment is carried out within stipulated time as stated hereinabove, applicant plaintiff is directed to serve the amended copy of plaint on added defendant on or before 15.01.2016.
iv) Chamber Summons stands disposed of accordingly.
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Sneha Chavan
2 issues framed by the court
Whether the Chamber Summons to amend the plaint by joining the official liquidator as a party defendant should be allowed.
Whether the applicant plaintiff satisfied the requirements to add a defendant to Summary Suit No. 1204 of 2011.
Sneha Chavan
K. K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
