Kanta@Manju Gupta v. Suresh Mahajan & ORS
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 402/2017 KANTA @ MANJU GUPTA ..... Plaintiff Represented by:
Mr. Tejas Chhabra, Advocate versus SURESH MAHAJAN & ORS.
..... Defendant Represented by:
Ms. Kamlesh Mahajan, Advocate/ D-7 as well as Attorney for D-1,2,3,4 & 8.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 31.08.2020 The hearing has been conducted through Video Conferencing. I.A. 7498/2020 (under Section 151 CPC-by defendant Nos.2, 3 and 4) 1.
By this application defendant No.7 who is attorney of defendant Nos.1,2,3,4 and 8 seeks change in the name of defendant Nos.2,3 & 4 for the reason defendant Nos.2,3 & 4 were impleaded with their maiden names in the suit though they were married and their names in the Bank accounts were thus different.
2.
The parties had settled the matter before Samadhan, Delhi High Court Mediation & Conciliation Centre pursuant thereto a final decree was passed in the suit on 17th January, 2020 and the respective amounts which fall to the share of the parties are required to be deposited in their respective accounts. However, due to the differences in the names in the memo of parties as also MUKTA GUPTA 19:31:45 CS(OS) 402/2017
in their Bank accounts, defendant No.7 is not in a position to deposit the same.
3.
Defendant No.7 has also filed along with the present application copies of the passports and fresh Attorney executed by defendant Nos.1,2,3,4 & 8 in favour of defendant No.7.
4.
Learned counsel for the plaintiff has no objection to the change of the names.
5.
Consequently, the names of defendant Nos.2,3 and 4 in the memo of parties would be now read as :- Defendant No.2 - Mr. Anil Mahajan@ Anil K. Mahajan; Defendant No.3 - Ms. Renu Kumari Mahajan Schack @ Renu Schack; Defendant No.4 - Ms. Anju Kumari Mahajan Lodato @ Anju Lodato 6.
Amended memo of parties is taken on record. Decree sheet will note the amended names of defendant Nos.2,3 & 4 as amended by this order today.
7.
Application is disposed of.
8.
Order be uploaded on the website of this Court. MUKTA GUPTA, J.
AUGUST 31, 2020 vk MUKTA GUPTA 19:31:45 CS(OS) 402/2017