Allowed

M/S.Kapoor Imaging Pvt. Ltd., v. M/S.Kodak Polychrome Graphics Asia Export Pvt. Ltd.

Madras HC26 Aug 2020CMP/5546/2020

Case brief

AI extract

What is this about?

The Single Judge allowed two civil miscellaneous petition applications seeking to accept the cause title in appeals. The petitions sought to correct a clerical error in the name of the petitioner Company's Managing Director in the cause title from Sunil Kumar to Sunil Kapoor. The court granted the prayer based on a rectification made in the underlying plaint.

What did the court decide?

The applications to accept the cause title in the appeals with the corrected name of the Managing Director are allowed.

M/S.Kapoor Imaging Pvt. Ltd., Vs M/S.Kodak… — Civil Procedure and Limitation | Madras HC (2020)

¶1

C.M.P.No.5546 of 2020 in O.S.A.S.R.No.116645 of 2018 and C.M.P.No.5551 of 2020 in O.S.A.S.R.No.116644 of 2018

¶2

C.M.P.No.5546 of 2020 in O.S.A.S.R.No.116645 of 2018

¶3

and

¶4

C.M.P.No.5551 of 2020 in O.S.A.S.R.No.116644 of 2018

R.SUBBIAH, J

and

C.SARAVANAN, J

These petitions are filed to accept the cause title in the appeals insofar as the correction in the name of the Managing Director of the petitioner herein (Company) is concerned, as Mr.Sunil Kapoor instead of Sunil Kumar.

¶9

Learned counsel for the petitioner/Company submitted that the

¶10

petitioner/Company (plaintiff) is being represented by its Managing Director Mr.Sunil Kapoor, but by oversight/mistake, the name of the Managing Director is

¶11

shown as Mr.Sunil Kumar and this mistake had also crept in before the applications filed before the Single Judge in A.Nos.6383 and 6384 of 2017 in C.S.No.220 of 2009. Only after filing these appeals, the said mistake was noticed.

¶12

The said mistake was rectified in the suit by filing application before the Single

¶13

Judge in A.No.1546 of 2020 in C.S.No.220 of 2009, which was allowed on 28.07.2020. A copy of the said order dated 28.07.2020 is also produced before Page No.1 / 3

¶14

http://www.judis.nic.in

¶15

C.M.P.No.5546 of 2020 in O.S.A.S.R.No.116645 of 2018

¶16

and C.M.P.No.5551 of 2020 in O.S.A.S.R.No.116644 of 2018

¶17

this Court. Thus, the learned counsel for the petitioner/Company prayed that the present applications seeking for accepting the cause title may be allowed, in view

¶18

of the rectification now made in the plaint itself, insofar as the name of the petitioner/Company/plaintiff is concerned.

¶19

Accordingly, these applications are allowed.

¶20

(R.P.S.J) (C.S.N.J)
26.08.2020

¶21

¶22

Page No.2 / 3

¶23

http://www.judis.nic.in

¶24

C.M.P.No.5546 of 2020 in O.S.A.S.R.No.116645 of 2018 and C.M.P.No.5551 of 2020 in O.S.A.S.R.No.116644 of 2018

¶25

R.SUBBIAH, J

¶26

and
C.SARAVANAN, J
cs
C.M.P.No.5546 of 2020 in
O.S.A.S.R.No.116645 of 2018
and
C.M.P.No.5551 of 2020 in
O.S.A.S.R.No.116644 of 2018

¶27

26.08.2020

¶28

Page No.3 / 3

¶29

http://www.judis.nic.in

M/S.Kapoor Imaging Pvt. Ltd., v. M/S.Kodak Polychrome Graphics Asia Export Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/S.Kapoor Imaging Pvt. Ltd., v. M/S.Kodak Polychrome Graphics Asia Export Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deputy Inspector General of Police Vs Sheik Jabbar (Deceased)

Dhanalakshmi Vs S.Perumal Samy

E.Suseela Vs S.Natarajan

Pachammal Vs the District Collector

New India Assurance Co. Ltd. Vs P.Kanchana

Lokeswari Vs the Managing Director