Florens Container Services (Usa) Ltd. v. Pescanova Shipping (Ind) Pvt. Ltd. And Vijay Relwani
13.532.15-chs FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION.
CHAMBER SUMMONS NO.532/2015 IN SUIT NO.89/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Aarti Shah a/w. Subradeep Banerjee i/b. Mulla & Mulla for the Plaintiff Mr. Kishore Jawle for the Defendant No.2.
CORAM : K. K. TATED, J.
DATE : NOVEMBER 19, 2015 P.C.:
1.
Heard. This Chamber Summons is filed by the Plaintiff for carrying out appropriate amendment in cause title of the plaint as well as the averments made in the plaint to the effect that the Official Liquidator appointed on behalf of the Defendant be brought on record.
2.
The learned counsel for the Defendant No.2 submits that they have no objection if the Chamber Summons is allowed.
3.
Considering the submissions made by the learned counsel for the Applicant Plaintiff and the averments made in the affidavit in support of the Chamber Summons and as there is no objection on Basavraj G Patil 1/2
13.532.15-chs behalf of Defendant No.2, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons.
4.
Hence, following order is passed:
a.
The Chamber Summons is allowed in terms of prayer clauses (a) & (b) which read thus:
(a) That this Hon'ble Court be pleased to permit the Plaintiff to amend the plaint as per the schedule annexed hereto.
(b) That this Hon'ble Court be pleased to permit the Plaintiff to carry out other consequential amendments as may be necessary.
b.
The Applicant to carry out appropriate amendment in the plaint within 3 weeks from today, failing which the Chamber Summons shall stand dismissed without further reference to the court.
c.
If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the plaint on Defendant no.2 as well as added Defendant.
d.
Chamber Summons stands disposed off accordingly.
JUDGE Basavraj G Patil 2/2