Ttk Prestige Limited v. Clik Home Appliances

(TM)A/99, 100, 101 & 102/2024 in OP(TM)/8, 10, 11 & 12/2023 SENTHILKUMAR RAMAMOORTHY,J By these applications, the petitioner seeks to amend the long and short cause title and the statement of address with regard to the respondent. In the affidavit in support of these applications, the applicant states that the first respondent pointed out that the said respondent is a proprietary concern and that Mr.Kailashkumar Punmaji Mali is the sole Proprietor thereof. Hence, it is stated that these applications was filed.

2. Learned counsel for the first respondent opposes these applications on the ground that the petitioner was aware that the first respondent was a sole proprietorship and in spite of such knowledge, filed the petition with a wrong description of the first respondent. He also submits that an interim stay was obtained in these proceedings and that such order is causing great prejudice to the first respondent. SENTHILKUMAR RAMAMOORTHY,J 1/2 https://www.mhc.tn.gov.in/judis

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3. Since these applications were triggered by the assertion in the counter that the description of the first respondent was erroneous, these applications are liable to be allowed, albeit without prejudice to the first respondent's right to raise all contentions, including for the purpose of seeking to vacate the order of interim stay.

4. For reasons aforesaid, these applications are allowed as prayed for and the petitioner is permitted to carry out the amendments in the petitions on or before 15.10.2024. A copy of the amended petitions shall be served on the other parties within a week from then.

5. List OP(TM)/8, 10, 11 & 12/2023 on 22.10.2024. 26.09.2024 (2/4) rna (TM)A/99, 100, 101 & 102/2024 in OP(TM)/8, 10, 11 & 12/2023 2/2 https://www.mhc.tn.gov.in/judis