M/S.A And A International Trading Pvt Ltd v. M/S.Empee Power Company India Ltd And Another

A.No.4187 of 2022 in C.S.No.324 of 2018 M.SUNDAR.J., This order will now dispose of captioned application.

2. In this order, parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity. 3.Ms.Anbarasi Rajendran, learned counsel for sole plaintiff and Ms.Ramya, learned counsel representing Ms.Shubharanjani Ananth, counsel on record for lone defendant are before this Commercial Division.

4. Captioned application has been taken out by the plaintiff with a prayer to implead Liquidator qua lone defendant-company as second defendant.

5. Adverting to the support affidavit, learned counsel for plaintiff draws the attention of this Commercial Division to Paragraph 6 thereat, which reads as follows: '06. The Applicant submits that recording the above submissions, the Hon'ble NCLT, Chennai in I.A.No.1202/CHE/2021 in C.P (IB)No.1254/2018 by order dated 21.03.2022, was pleased to pass an order of Liquidation or the Respondent / Defendant Company and appointed the Resolution Professional Mrs.P.Lalitha as the Liquidator.'

6. Learned counsel for lone defendant very fairly submits that she is not opposing the implead prayer.

7. In the light of the trajectory the matter has taken, it is not necessary to dilate further on facts. The sequitur is captioned application is ordered as prayed for.

8. Plaintiff counsel to carry out necessary and consequential amendments to the plaint within two weeks from today i.e., by 08.12.2022. Plaintiff counsel to provide amended copy of the plaint to counsel for lone defendant within one week therefrom i.e., by 15.12.2022.

Captioned application ordered on above terms. There shall be no order as to costs.

24.11.2022 (1/2) gpa

M.SUNDAR.J., gpa A.No.4187 of 2022 in C.S.No.324 of 2018 24.11.2022