Madras High CourtA/1703/2020allowed

M/S.Sree Gokulam Hotels (India) Pvt. Ltd. v. Sabari Inn Hotels Ltd. And Another

2020-09-22Honourable Mr Justice C.V. Karthikeyan2 pages

A.No.1703 of 2020 in C.S.No.642 of 2019 A.No.1703 of 2020 in C.S.No.642 of 2019 C.V.KARTHIKEYAN,J., The application has been filed seeking to amend the name of the first defendant from "Sabari Inn Hotels Limited" having registered office at No.29, Thirumalai Pillai Road, T.Nagar, Chennai 600 017 to "Sabari Inn Limited" having registered office at Old No.28, New No.30, 6th Main Road, Raja Annamalaipuram, Chennai - 600 028.

2. In the affidavit filed in support of the said application, it had been stated that an "inevident" error had been crept in the name of the first defendant company. It had also been mentioned that in the cause title, the name had also been wrongly typed.

3. A better affidavit had been filed stating that the word "inevident" should actually be read as "inadvertent" and while stating about the cause title, the word "shirt", should be read as "short".

4. It is also stated that the word "inevident" had been given in Paragraph 2 which should actually be "inadvertent". The better affidavit is also taken into consideration.

5. Let it also be part of the records.

6. Heard the learned counsel for the respondent/defendants. http://www.judis.nic.in 1/2

A.No.1703 of 2020 in C.S.No.642 of 2019 C.V.KARTHIKEYAN,J., nvi

7. It is a fact that the name of the first defendant is actually "Sabari Inn Limited". It is a fact that the address of the registered office of the first defendant is at Old No.28, New No.30, Raja Annamalaipuram, Chennai - 600 028.

8. In view of the said fact, the application is allowed. Tthe better affidavit is to be part of the records.

9. Registry is directed to carry out necessary amendment since it would be not possible of the learned counsel to come over and carry out the necessary amendment. The amendments may be carried out in the plaint accordingly.

10. The learned counsel for the respondents/defendants pointed out that the name given as the Managing Director of the first defendant Mr.K.R.V.Ramana should also be deleted, since he is no longer the Managing Director.

11. The learned counsel for the applicant/plaintiff may take appropriate steps if deemed necessary, in that regard.

12. With these observations, the application is allowed. No costs. 22.09.2020 nvi http://www.judis.nic.in A.No.1703 of 2020 in C.S.No.642 of 2019 2/2