M/S.Mudichur Permanent Fund Limited v. Mr.Ashafa Ahmed And 4 Others

A.No.1548 of 2022 in C.S.No.734 of 1997 V. BHAVANI SUBBAROYAN, J.

Application No.1548 of 2022 has been filed to order amendment of plaint in C.S.No.734 of 1997 to incorporate the changed name and address of the plaintiff company as M/s.Mudichur Permanent Fund Limited, No.44, Mudichur Road, West Tambaram, Chennai - 600 045 represented by its Manager or Authorised Signatory in the short and long cause title and in statement of address column instead of M/s.Chromepet Saswatha Nidhi Limited, Dr.Balamuralikrishna Building, Ramakrishna Street, Raghava Nagar, Chromepet, Chennai - 600 044 represented by its Managing Director. 2.On perusal of affidavit, it is seen that the fresh certificate of incorporation of consequent upon change of name by the Government of India, Ministry of Corporate Affairs issued under Rule 5(2) of the Companies (Electronic Filing and Authentication of Documents) Rules, 2006 wherein it has 1/4

been stated that Chrompet Saswatha Nidhi Limited which was originally incorporated on 27.03.1980 under the Companies Act, 1956 (No.1 of 1956) as Mudichur Permanent Fund Limited having duly passed the necessary resolution in terms of Section 21 of the Companies Act, 1956 and the approval of the Central Government has also granted as per existing rules and regulations. Mudichur Permanent Fund Limited, Registration number is RoC-Chennai, Company Category number is 008202, Company Subcategory is NonGovernment Company and the date of incorporation is 27.03.1980. 3.It is also stated in the affidavit that it has become necessary to file this application for amendment of plaint to reflect the changed name and address of the applicant/plaintiff. Further stated that unless the plaintiff is permitted to incorporate the changed name and address of the plaintiff by amending the plaint, the applicant/plaintiff would be put to loss and hardship and no prejudice would be caused to the respondents/defendants. 2/4

4.Heard Mr.Nageswaran, learned counsel for the applicant and Mr.K.V.Sundarrajan, learned counsel for the respondents. 5.Having satisfied with the reasons stated in this affidavit filed in support of this application and considering the submission made by the learned counsel for the applicant, this application is allowed. 6.Learned counsel for the fifth defendant submits that his client is no more had already filed an application to bring the legal heirs on record. 7.Registry has returned the said application for certain compliance. 8.For re-presenting the same, post the matter on 26.04.2022. 07.04.2022 pam 3/4

V. BHAVANI SUBBAROYAN, J.

pam A.No.1548 of 2022 in C.S.No.734 of 1997 07.04.2022 4/4