Bombay High CourtCHSCD/21/2019disposed off

E-Billing Solutions Private Limited(Formerly Known As Techprocess Payment Services Limited And ANR v. Bikramjit Sen

2019-01-24Hon'Ble Shri Justice B.P. Colabawalla2 pages

902.chscd.21.2019.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO. 21 OF 2019 IN COMM. ARBITRATION PETITION NO. 626 OF 2018 Ingenico ePayments India Pvt. Ltd.

...Applicant (formerly known as E-Billing Solutions Pvt.Ltd.) In the matter between E-Billing Solutions Pvt. Ltd. & Anr.

...Petitioners.

vs Bikramjit Sen

...Respondent.

.....

Mr Venkatesh Dhond, Sr. Adv. With Mr Rohan Ketkar Mr Udit Mendiratta, Ms Manini Bharati, Ms Aparajita Sinha & Mr Salana Mittal I/b TRILEGAL for the Applicant/Petitioners in CHSCD No.21 of Mr Ameya Kulkarni I/b Tapan Agrawal for the Respondent. .....

CORAM : B.P.COLABAWALLA, J.

JANUARY 24, 2019.

P.C. :

This Chamber Summons has been filed by the Applicant - the Petitioner (original Respondent before the Arbitral Tribunal) to allow the applicant to amend the Arbitration Petition in terms of the schedule annexed to the Chamber Summons. This Chamber Summons is necessitated in view of the fact that the Applicant's name has been changed from "E-Billing Solutions Pvt. Ltd." to "Ingenico ePayments India Pvt. Ltd.".

Pg 1 of 2

902.chscd.21.2019.doc Learned advocate appearing on behalf of the Respondent has fairly stated before me that the Respondent has no objection if the amendment is allowed. He, however, states that his right to challenge the scheme of amalgamation that was sanctioned by the N.C.L.T. on 8th October, 2018, as well as the contentions raised in the Contempt Petition (L) No. 155 of 2018 be expressly kept open. Keeping all contentions of the Respondent open in all the proceedings including his right to challenge the amalgamation, the Chamber Summons is allowed in terms of prayer clauses (a) and (b). The amendment to be carried out by 29th January, 2019. The Chamber Summons is disposed of in the aforesaid terms. However, there shall be no order as to costs.

(B.P.COLABAWALLA, J.) Pg 2 of 2