Fermenta Biotech Ltd. v. Standard Oil Additives Pvt. Ltd. And ANR.

P4-IA1-2020INCOMS28-07.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1 OF 2020 IN COMM SUIT NO. 28 OF 2007 Fementa Biotech Limited ...Applicant In the matter between Fermenta Biotech Limited ...Plaintiff

Versus

Standard Oil Additives Private Limited & anr.

...Defendants Mr. Akshay Patil, a/w Varun Satiya and Pratyusha Panchgani, i/b Crawford Bayley & Co., for the Plaintiff. Mr. Shrikant Sharma, Representative of the Plaintiff, present. Mr. Rahul Narichania, Senior Counsel, a/w Ms. Smriti Jha, i/b Mulla & Mulla & C.B.C. for the Defendants. Mr. G. S. Rao and Mr. Jairaj, Representative of the Defendants, present.

CORAM:

N. J. JAMADAR, J.

DATED :

27th JANUARY, 2020 PC:- 1.

Not on board. Upon mentioning, in view of urgency, taken on board.

2.

This interim application is taken out by the plaintiff so as to amend the cause-title of the plaint and to add additional paragraph (paragraph 1(A)) to bring on record the merger and amalgamation of two companies Fermenta Biotech Limited and DIL Limited to form the plaintiff company Fermenta Biotech Limited.

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P4-IA1-2020INCOMS28-07.DOC 3.

Mr. Narichania, the learned Senior Counsel for the defendants submits that the defendants have no objection to amend the plaint as per the prayer.

4.

In view of the above, the application stands allowed in terms of prayer Clauses (a) and (b).

5.

The plaintiff is allowed to amend the plaint as per the 'Scheduled-A' appended to the application. The amendment be carried out during the course of the day.

6.

Re-verifcation dispensed with.

7.

The interim application stands disposed of.

[N. J. JAMADAR, J.] 2/2