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Bombay High CourtCHS/1582/2015disposed off

M/S. Movies N More India Pvt Ltd. v. Mr. Guruswarup Sriwastav

2015-12-10Hon'Ble Shri Justice K.K. Tated2 pages

3 chs 1582-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORIDINARY ORIGINAL CIVIL JURISDICTION.

CHAMBER SUMMONS NO. 1582 OF 2015 IN SUMMARY SUIT NO. 165 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Rupesh Mandhare h/f Sean Wassoodew for the applicant.

None for the defendants.

CORAM : K. K. TATED, J.

DATED : 10/12/2015.

P.C.:

.

Heard learned Counsel for the applicant. Though the defendants duly served, no one appeared on behalf of them when the matter called out.

This Court by order dated 04.12.2015 recorded that the Advocate for defendants received the copy of Chamber Summons and on that date he requested some time to file Affidavit-in-Reply. This Chamber Summons is for carrying out appropriate amendment in cause title of the plaint by adding the word "SWARUP GROUP OF INDUSTRIES a Proprietary firm through sole proprietor."

Sneha Chavan 1/2

3 chs 1582-15=.doc Considering the submissions made by the learned counsel for the applicant and averments made in affidavit-in-support of Chamber Summons, I am satisfied that applicant has made out case for allowing the Chamber Summons.

Hence, following order.

a) Chamber Summons is allowed in following terms:

i) Applicant is permitted to carry out appropriate amendment in cause title of plaint as well as pending proceeding as per schedule attached to the Chamber Summons.

ii) Amendment to be carried out within two weeks from today, failing which the Chamber Summons shall stand dismissed without further reference to the court.

iii) If amendment is carried out within stipulated time as stated herein above, the applicant/plaintiff is directed to serve the defendant amended copy of the plaint as well as other proceeding thereafter immediately.

iv) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2