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Bombay High CourtCHS/167/2016disposed off

Paramount Corporation And 4 ORS. v. Ge Money Financial Services Ltd. And Magma Fincorp Limited

2016-03-31Hon'Ble Shri Justice R.D. Dhanuka2 pages

2-chs167-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.167 OF 2016 IN ARBITRATION PETITION (LODGING) NO.12 OF 2011 M/s.Paramount Corporation & Ors.

...Applicants

IN THE MATTER BETWEEN :

M/s.Paramount Corporation & Ors.

...Petitioners

V/s.

M/s.GE Money Financial Services Ltd.

...Respondent

And Magma Fincorp Limited ...Proposed Respondent No.2 Mr.Tanveer Shaikh for the Petitioners.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 31ST MARCH, 2016.

P.C. :- 1.

Learned counsel appearing for the petitioners states that the respondent has been served and tenders affidavit of service. The statement is accepted. None appeared for the respondent, though served. No affidavit in reply has been filed. 2.

By this chamber summons the petitioner seeks impleadment of the proposed respondent as respondent no.2 in view 1/2

2-chs167-16 of the letter dated 12th June, 2013 addressed by the proposed respondent to the petitioners informing that the loan of the petitioners had been acquired by the proposed respondent and the same would be governed by the same terms and conditions which were mentioned in the loan agreement entered into between the petitioners and the respondent. None appeared for the proposed respondent, though served.

3.

For the reasons recorded in the affidavit in support of the chamber summons, the chamber summons is made absolute in terms of prayer clauses (a) and (b). The amendment to be carried out within two weeks from today. The amended copy of the arbitration petition shall be served upon the respondents, including the newly added respondent simultaneously. No order as to costs. 4.

Place the arbitration petition on board for admission after four weeks. If any other office objections are not removed by the petitioners, the same shall be removed within two weeks from today, failing which the arbitration petition shall stand dismissed without further reference to this Court.

(R.D. DHANUKA, J.) 2/2