State Bank Of India v. The Oriental Insurance Company Ltd And 2 Others

A.No.2767 of 2020 in C.S.No.565 of 2012 C.V.KARTHIKEYAN, J.

Today, the matter is called through video conferencing.

2. This Application has been filed by the plaintiff in the suit seeking to bring on record, the Official Liquidator, representing the 3rd defendant M/s.Paramount Airways Private limited. In view of the fact that the 3rd defendant, by order dated 19.08.2013 in C.P.Nos.268, 287 of 2009 and C.P.Nos.49, 271 and 272 of 2010 and C.P.No.20 of 2011, had been directed to wound up under the provisions of the Companies Act, 1956, and the Official Liquidator had taken charge of all the properties and affairs of the 3rd defendant.

3. Further, the plaintiff herein had also filed Company Application No.25 of 2014 in C.P.No.268 of 2019 before the Company Court seeking leave to proceed with the present suit. Such, permission was also granted by an order dated 12.06.2014.

4. In view of that development, the present application has been filed seeking direction to the 3rd defendant to be represented by the 1/2 http://www.judis.nic.in

C.V.KARTHIKEYAN, J.

rri Official Liquidator and to amend the short cause title, long cause title and also in the statement of addresses under Order VI Rules 14A of CPC of the plaint proceeding, indicating that the 3rd defendant is represented by the Official Liquidator. Copy of the application had been served in the office of the Official Liquidator and learned counsel also represents. Since there is no dispute on facts, it will only be proper that the Official Liquidator is made as a party to the suit. The Application is allowed.

5. Registry may carry out the necessary amendment as indicated in the Judge's summons.

6. The learned Counsel for the plaintiff may also serve an amended copy of the plaint to the learned counsel for the defendants.

7. List again on 14.12.2020.

11.11.2020 rri A.No.2767 of 2020 in C.S.No.565 of 2012 2/2 http://www.judis.nic.in