Yash Bhandari And Company Through Its Proprieter Satish Fulchand Bhandari v. A P Enterprises Proprietor Narendar Prasad Ayodhya Prasad Dube

ca1671.20 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1671 OF 2020 IN WRIT PETITION NO. 5778 OF 2019 YASH BHANDARI AND COMPANY THROUGH ITS PROPRIETOR SATISH PULCHAND BHANDARI

VERSUS

A.P. ENTERPRISES PROPRIETOR NARENDAR PRASAD AYODHYA PRASAD DUBE .....

Advocate for the applicant: Mr. R.S. Wani h/f Mr. A.S. Bajaj .....

CORAM : V. K. JADHAV, J.

DATED : 11th FEBRUARY, 2020 PER COURT:- 1.

Learned counsel for the applicant submits that the applicant has instituted the suit bearing Special Civil Suit No. 13 of 2017 against the respondent firm for recovery of the amount towards price of the goods. In the said suit, the applicant had described A. P. Enterprises as a proprietary firm of one Narendar Prasad Dube. On appearance, said Narendar Prasak Dube pointed out that the firm is not a proprietary firm and is a partnership firm and he is the partner of the said partnership firm. Learned counsel submits that the applicant has thus filed an application for necessary amendment in the title clause before the trial court and the said application for amendment has been allowed by the trial court. Learned counsel submits that inadvertently in the writ petition, the status of the respondent is again shown as proprietary firm instead of partnership firm. Learned counsel thus seeks leave to carry out the amendment

ca1671.20 -2in the writ petition.

2.

In view of above and for the reasons stated in the application, civil application is allowed in terms of prayer clause "B". Amendment be carried out forthwith. List the writ petition on 18.2.2020. ( V. K. JADHAV, J.) rlj/