Resilient Agencies Private Limited v. P.Arif Ahmed, And 5 Others

A.No.4363 of 2022 in C.S.No.352 of 2018 M.SUNDAR.J., This order will now dispose of the 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. There is a sole plaintiff and six defendants in the main suit.

4. Mr.K.Surendar, learned counsel for sole plaintiff, who is before this Commercial Division, submits that there is a change of name qua plaintiff-Company i.e., from 'Denwood Merchandising and Industries Private Limited' to 'Resilient Agencies Private Limited'.

5. Learned counsel draws the attention of this Commercial Division to Certificate of Incorporation pursuant to change of name i.e., certificate dated 27.10.2021 and submits that the new name came into effect on and from 27.10.2021. A scanned reproduction of the same is as follows:

M.SUNDAR.J., gpa

6. On 18.10.2022, this Commercial Division ordered notice to the respondents in the captioned application, as defendants in the main suit have been set ex parte. Today, it comes to light that second defendant is no more and other defendants have been duly served. None of the defendants have chosen to come forward to oppose the captioned application.

7. Considering innocuous nature of the prayer and also taking into account the trajectory the matter has taken (ex parte preliminary decree, ex parte final decree and auction proceedings in a money suit on the foot of a mortgage), captioned application is ordered as prayed for.

8. Learned counsel on record for plaintiff to carry out necessary and consequential amendments within a fortnight from today i.e., by 15.11.2022.

List on 16.11.2022.

01.11.2022 (1⁄2) gpa A.No.4363 of 2022 in C.S.No.352 of 2018 (Comm Suits)