Adani Exports Limited. v. Kamlaben Mansukhlal Desai And 4 ORS(Def) And Viral M Mithani And 2 ORS.(Prop. Resp)

62.CHS.672.19 in S.1815.96.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 672 OF 2019 IN CHAMBER SUMMONS NO. 870 OF 2008 IN NOTICE OF MOTION NO. 1706 OF 1998 IN SUIT NO. 1815 OF 1998 Adani Exports Limited ...

Applicant/Plaintiff

Versus

Kamlaben Mansukhlal Desai & Ors.

...

Defendants And Viral M. Mithani & Ors.

...

Prop. Respondents Mr. Vyom Shah a/w Ms. Dhannya Prasad and Mr. Mihant Alimchandani i/b Divya Shah Associates for the Applicant/Plaintiff. CORAM : R.I. CHAGLA, J.

DATED : 12th JULY, 2019.

P.C. :

This Chamber Summons seeks permission for the Plaintiff to amend the plaint and the Chamber Summons No.870 of 2008 to reflect the change in the name of Plaintiff's Company from "Adani Exports Limited" to "Adani Enterprises Limited".

Waghmare 1/2

62.CHS.672.19 in S.1815.96.doc The learned Counsel for the Applicant states that service of this Chamber Summons has been effected on the Respondents. The Defendants have not been appearing. Accordingly, he seeks relief in terms of the Chamber Summons.

It is noticed that by a fresh certificate of incorporation which is annexed at Exhibit-A to the Chamber Summons, the name of the Plaintiff has changed to "Adani Enterprises Limited" which was effected on 10.08.2006. Although there is significant delay in taking out the Chamber Summons and for which a prayer is made for condonation of delay, considering that there has been a change in the name of the Plaintiff, the delay is condoned and the Chamber Summons is made absolute in terms of prayer clauses (a) and (b). The Plaintiff shall carry out the amendment within a period of two weeks from the date of this order. Chamber Summons is accordingly disposed of in the above terms.

(R.I. CHAGLA, J.) Waghmare 2/2