Ms Sri Padman Biosciences Pvt Ltd v. M/S Bookmed Technologies Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR in C.S(COMM DIV) No. 198 of 2022 M/s Sri Padman Biosciences Pvt Ltd Represented by its Director Mr T L Narasimhan Having registered office at AP-348, Ground Floor, 29 th Street, "I" Block Anna Nagar West, Chennai - 600 040 GSTIN/UIN No.33AA/CS8802J1Z5 Applicant(s) Vs

1. M/s Bookmed Technologies Pvt Ltd Represented by its Directors Having registered office at No.1/26, 1 st Phase, J.P.Nagr, 8 Bangalore 560 076.

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2.Narasingarao Hindpur Director of Bookmed Technologies Private Limited No 1/26, 1 st Phase, J P Nagar, 8 Bangalore - 560 076 Padma Narasinga Rao (Deceased) 3.Udhay Simha H N Son of Padma Narasinga Rao 4.Vijay Simha H N Son of Padma Narasinga Rao 5.Indira H.N Daughter of Padma Narasinga Rao Respondents 3-5 residing at No.3C/13, Nandi Gardens Phase - 1, J.P.Nagar, 9 th Phase Bengaluru - 560 062.

Respondent(s) PRAYER in Application filed to bring on record Respondents 3 to 5 as the legal heirs of the rd Defendant and array them as Defendants 4 to 6 in C.S.(Comm.Div) No.198 of 2022.

For Applicant(s):

Mr.Avinash Wadhwani For Respondent(s):

Ms.Taniya Kapoor (for R3) 2/6

ORDER

This Application has been filed to bring on record Respondents 3 to 5 as the legal heirs of the 3 rd Defendant and array them as Defendants 4 to 6 in C.S.(Comm.Div) No.198 of 2022.

2.Ms.Tanya Kapoor, learned counsel appears on behalf of the third respondent. Despite the names of the respondents 4 & 5 are printed in the causelist, they have not chosen to appear before this Court either in person or through their counsel.

3.Heard the learned counsel for the petitioner and the learned counsel for the third respondent.

4.The learned counsel for the third respondent contended that this application is not maintainable, as there is no cause of action against the legal representatives of the deceased 3 rd defendant, who are the proposed respondents 4 to 6 and there is no mention or whisper about the participation of the present legal representatives in the business and therefore, she pleaded for dismissal of this petition. She relied upon the order of this Court made in CRP.(PD).Nos.2510 of 2014 and batch cases dated 15.11.2017 and judgment of High Court of Delhi in Rajender Nath Bhaskar and another Vs. Bhaskar Stoneware Pipes (P) Ltd., and others reported in (1990) 68 Comp Case 256. 5.The learned counsel for the Applicant/plaintiff submitted that the 3/6

judgment relied upon by the learned counsel for the 3 rd respondent in Rajender Nath Bhaskar and another Vs. Bhaskar Stoneware Pipes (P) Ltd., and others reported in (1990) 68 Comp Case 256 is on a different jurisdiction viz., Company Appeal under Order 22, Rule 4 of the Civil Procedure Code r/w. Rule 9 of the Companies (Court) Rueles, 1959. He further submitted that the facts of the judgment relied upon by the 3 rd respondent are totally different. He drew the attention of this Court to the written statement filed by the first defendant, wherein it is specified that the 3 rd respondent herein viz., Uday Simha is the authorised signatory. He further submitted that in an application under Section 22 CPC, when the parties are arrayed as legal representatives, they ought to have been impleaded.

6.In view of the above said facts and circumstances, I am of the view that the present Application viz., A.No.2244 of 2025 has to be allowed. Accordingly, A.No.2244 of 2025 is allowed. Consequently, the plaintiff is directed to carry out the amendments in the plaint and serve a copy of the amended plaint on the other parties forthwith. 03-09-2025 (1⁄2) sai 4/6

To

1. M/s Bookmed Technologies Pvt Ltd Represented by its Directors Having registered office at No.1/26, 1 st Phase, J.P.Nagr, 8 Bangalore 560 076.

2.Narasingarao Hindpur Director of Bookmed Technologies Private Limited No 1/26, 1 st Phase, J P Nagar, 8 Bangalore - 560 076 3.Udhay Simha H N Son of Padma Narasinga Rao 4.Vijay Simha H N Son of Padma Narasinga Rao 5.Indira H.N Daughter of Padma Narasinga Rao Respondents 3-5 residing at No.3C/13, Nandi Gardens Phase - 1, J.P.Nagar, 9 th Phase Bengaluru - 560 062.

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N.SENTHILKUMAR J.

sai A No. 2244 of 2025 in C.S(COMM DIV) No. 198 of 2022 03-09-2025 (1⁄2) 6/6