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Bombay High CourtIA/2713/2020disposed off

Capri Global Advisory Services Pvt. Ltd. And 2 ORS. v. Official Liquidator Of Orbit Corporation Ltd And 2 ORS.

2022-01-27Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.2713 OF 2020 IN COMMERCIAL SUIT NO.1010 OF 2018 Capri Global Advisory Services Pvt. Ltd. & Ors. .. Applicants-Plaintiffs Vs.

Official Liquidator of Orbit Corporation Ltd. & Ors. .. Defendants Ms. Kamini Pansare, i/by V.M. Legal, for the Applicants-Plaintiffs. Mr. Shanay Shah for the Defendants.

CORAM : A. K. MENON, J.

TH JANUARY, 2022.

DATE : 27 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

By this IA, the applicants-plaintiffs seek amendment to the plaint by bringing on record the Official Assignee of respondent no.3, who was declared insolvent. The learned counsel for the applicants-plaintiffs submits that this IA may be allowed in terms of prayer clause (a) in order to carry out amendment in terms of the draft at Exhibit-C to the IA. 2.

Accordingly, I pass the following order :- (i) Interim Application is made absolute in terms of prayer clauses (a) (b) and (c). Amendment to be carried out 1/2 16-IA-2713-2020.doc Dixit

within one week from today. Re-verification is dispensed with.

(ii) Copy of the amended plaint to be served upon the Official Assignee and all other defendants within a period of two weeks from today.

(iii) IA is disposed in the above terms.

(A.K. MENON, J.) 2/2 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2022.01.28 16:25:30 +0530 16-IA-2713-2020.doc Dixit