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Bombay High CourtCRR/17/2021disposed off

Saidammadath Narukkindakath Abdul Kareem v. Pradeep S. Dixit And ORS.

2021-08-11Hon'Ble Shri Justice G.S. Patel2 pages

1-CRR-17-2021-IN-COMS-1402-2018.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COURT RECEIVER'S REPORT NO. 17 OF 2021 IN COMMERCIAL SUIT NO. 1402 OF 2018 AND CHAMBER SUMMONS NO. 1031 OF 2019 Saidammadath Narukkindath Abdul Kareem ...Plaintiff

Versus

Pradeep S Dixit & Ors ...Defendants Mr Bhavin Gada, i/b Nandu Gole, for the Applicant in CHS/ 1031/2019.

Mr Rajesh Singh, for the Defendants.

Mr Mutahhar Khan, i/b Mohamed Rehan Chhapra, for the Plaintiff. Mr DN Kher, Court Receiver present.

CORAM:G.S. PATEL, J (Through Video Conferencing) DATED: 11th August 2021 PC:- SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2021.08.12 10:42:07 +0530 1.

Court Receiver's Report No. 307 of 2021 is taken on file. Compliance with the order of 12th July 2021 is reported and noted. 11th August 2021

1-CRR-17-2021-IN-COMS-1402-2018.DOC 2.

The Reply of Defendants Nos. 1 and 2 to the Chamber Summons No. 1031 of 2019 is taken on record. The Chamber Summons is by one Malvika Herbopharma Pvt Ltd seeking to be impleaded since it claims rights over the same premises of which the Receiver was appointed. I will allow the Chamber Summons for impleadement in the Suit. However, Malvika Herbopharma Pvt Ltd wants several previous orders to be vacated. For that, Malvika Herbopharma Pvt Ltd will have to file an appropriate Interim Application and serve it on the Plaintiff and the other Defendants. 3.

The Plaintiff will amend the cause title of the Suit to show Malvika Herbopharma Pvt Ltd as Defendant No. 4. Amendment to be carried out forthwith in Court or, at any rate, on or before 18th August 2021. Re-verification is dispensed with. Service of amended Plaint on the Defendants is not necessary in view of this order. 4.

The Chamber Summons is disposed of in these terms. 5.

The amendment is prospective and will not relate back to the institution of the Suit.

6.

copy of this order.

(G. S. PATEL, J) 11th August 2021