Ubs Business Solution India Privare Lilmited v. Credit Suisse Services India Privare Limited

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4274 OF 2025 IN COMMERCIAL IPR SUIT NO. 74 OF 2022 UBS Business Solutions (India) Private Limited ...Applicant In the matter between Credit Suisse Services (India) Private Limited ...Plaintiff

Versus

Nisheet Singh ...Defendant ---------- Mr. Malcolm Siganporia a/w Mr. Hormuz Mehta and Mr. Virgil Braganza i/by JSA for the Applicant.

Mr. Aashutosh Srivastava (through VC) for the Defendant. Mr. N.C. Pawar, Court Receiver a/w Mr. S.S. Chopda, OSD present. ---------- CORAM : R.I. CHAGLA J DATE : 26 August 2025 ORDER :

SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date:

2025.09.02 16:17:56 +0530 1.

By this Interim Application, the Applicant has sought for permission to amend the Plaint in terms of the schedule annexed at Exh.C to the Interim Application including consequential 1/4

amendments.

2.

The Applicant has stated that pursuant to the order of the National Company Law Tribunal, Mumbai ("NCLT") dated 27th February 2025 in C.P. (CAA)/221/MB/2024 connected with C.A. (CAA)/127/MB/2024, the original Plaintiff has been amalgamated and merged with the Applicant. Consequently, all rights, liabilities and legal proceedings of the original Plaintiff, now vest in the Applicant. Copy of the order of NCLT is annexed at Exh.A to the Interim Application. Printouts of relevant extract on Ministry of Corporate Affairs website is annexed at Exh.B. 3.

There is no opposition from the Defendant other than questioning the authority of the signatories to the Interim Application.

4.

Mr. Siganporia, the learned Counsel for the Applicant undertakes to file the requisite authorisation of the signatory Nos. 1 and 2 who have affirmed the Interim Application. The same shall be filed on or before 3rd September 2025.

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5.

Considering the averments in the present Interim Application as well as the merger of the original Plaintiff with the Applicant and for which all rights, liabilities and legal proceedings of the original Plaintiff, now vest in the Applicant, relief sought for in the present Interim Application requires to be granted. Hence, the following order is passed.:- (i) The Applicant is permitted to amend the Plaint in terms of the schedule annexed at Exh.C to the Interim Application including consequential amendments. (ii) The amendment shall be carried out by the Applicant on or before 3rd September 2025.

(iii) This shall be subject to the Applicant filing requisite authority / Board Resolution of the Applicant authorising the signatory Nos. 1 and 2 to affirm the Interim Application.

(iv) Interim Application is accordingly, disposed of. There shall be no order as to costs.

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(v) Interim Application No. 1974 of 2025 and Interim Application (L) No. 12845 of 2023 shall be placed on 8th September 2025.

[R.I. CHAGLA J.] 4/4