Biochem Pharmaceutical Industries Ltd. v. J K Biochem Healthcare Private Limited

1/2 14.CHSCD524.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO.524 OF 2019 IN COMM. I.P.SUIT NO.151 OF 2014 Biochem Pharmaceutical Insurance Ltd.

)....Applicant/Plaintiff V/s.

J.K.Biochem Healthcare Pvt. Ltd.

)....Defendant ---- Mr.Harshil Vaishnav i/by India Law LLP for applicant/plaintiff. None for defendant.

---- CORAM :K.R.SHRIRAM,J DATE : 13.3.2020 P.C. :- 1.

Heard counsel for applicant/plaintiff who states that India Law LLP will file Vakalatnama on behalf of applicant/plaintiff within one week from today. Statement accepted.

2.

This is an application for leave to amend the plaint as per the schedule annexed to the plaint. Mr.Vaishnav states that the application was required to be taken out in view of the amalgamation of plaintiff with Zydus Healthcare Pvt.Ltd., pursuant to an order dated 15.3.2017 passed by the N.C.L.T, Ahmedabad. The application was KJ

2/2 14.CHSCD524.19.doc lodged on 4.4.2019.The application however, has been taken out by plaintiff which has got amalgamated with Zydus Healthcare Pvt. Ltd., and the application will have to be filed by Zydus Healthcare Pvt. Ltd. 3.

Mr.Vaishnav therefore, seeks leave to withdraw Chamber summons with liberty to take out a fresh Chamber summons. Mr.Vaishnav also states since it was an error probably on the part of the earlier advocate, time if any lost during the pendency of this application be also condoned.

4.

Chamber summons dismissed as withdrawn with liberty as prayed for.

(K.R.SHRIRAM,J) KJ