Maharashtra Seamless Ltd. v. Siddharth Corporation And Vinod Kalia And Suresh B. Dhudeshia (Respondent)

chscd1-15.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1 OF 2015 IN COMMERCIAL SUIT NO.2 OF 2012 Maharashtra Seamless Ltd.

...Plaintiff vs Siddharth Corporation And Vinod Kaila ...Defendants And Suresh B. Dhudeshia

...Respondent

WITH COUNTER CLAIM NO.11 OF 2012 IN COMMERCIAL SUIT NO.2 OF 2012 Siddharth Corporation And Vinod Kaila ...Plaintiffs vs Maharashtra Seamless Ltd.

...Defendant And Suresh B. Dhudeshia

...Respondent

.....

Mr. Reyden L. Gonsalves, i/b. Eventa A. Gonsalves, for the Plaintiff/Applicant.

Ms. Radha Agrawal, i/b. Ashwin Ankhad & Associates, for the Defendants. .....

CORAM : S.C. GUPTE, J.

DATED : OCTOBER 15, 2018 P.C. :

.

Heard learned Counsel for the parties. This chamber summons seeks amendment of the plaint by impleading the Respondent as Defendant No.3. Originally, the suit is filed against two Defendants. Defendant No.1 is claimed to be a proprietary firm, whilst Defendant No.2 is claimed to Pg 1 of 2

chscd1-15.doc be the proprietor. In the written statement, the Defendants have taken a stand that Defendant No.1 is a partnership firm and not a proprietorship. The Respondent is the other partner of the firm. Accordingly, the present chamber summons is taken out for impleading the Respondent as the Defendant. The chamber summons is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks. The chamber summons is disposed of.

( S.C. GUPTE, J. ) Pg 2 of 2