Exxon Mobil Corporation v. Exxon Exports And 3 ORS

904-COMSL52-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 51 OF 2016 IN COMMERCIAL SUIT (L) NO. 52 OF 2016 Exxon Mobil Corporation ...Plaintiff

Versus

Exxon Exports & 3 others ...Defendants Ms. Anuradha Salhotra, with Mr. Shrivardhan Deshpande & Mr. Yuvraj K. Singh, i/b Desai & Diwanji, for the Plaintiff. Ms. Suvarna Joshi, with Ms. Usha Chandrashekhar, for the Defendants.

CORAM: G.S. PATEL, J DATED:

26th July 2016 PC:- 1.

There is an Affidavit in Reply affirmed by one Mr. Anand Vaghani, who is a partner of the 1st Defendant. 2.

Mr. Vaghani is personally present in Court. He makes a statement that the 1st Defendant is doing no business since 1998. All it holds is an immovable property at Mandvi Navjivan Building, 121/127, Kazi Syed Street, Mumbai 400 003. The name of the firm cannot be changed because the Society records are in the firm's 26th July 2016

904-COMSL52-16.DOC name and the property is mortgaged with the Union Bank of India, Overseas Branch, Nariman Point, Mumbai.

3.

Ms. Joshi, on instructions from Mr. Vaghani, states that not only is the 1st Defendant firm doing no business in its name but it also has no online presence in the form of a website. The 1st Defendant has not got itself listed in any business or commercial online directory. The Plaintiff is at liberty to have any such entry removed, if they so desire, by writing to the proprietors of these directory services and citing, if necessary, the present order. The Defendants have no objection to this. They also state that they will hereafter do no business in the name of the firm, M/s. Exxon Exports.

4.

In fairness, Ms. Salhotra states that this is sufficient for the purposes of the present Notice of Motion. She seeks liberty to apply for a relief for causing the 1st Defendant to change its name once the mortgage debt is paid off. Liberty granted.

5.

The Notice of Motion is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 26th July 2016