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Bombay High CourtIA/4589/2025disposed off

Sbi Global Factors Ltd. v. M/S.Minar International Ltd. And ORS., Through Official Liquidator

2025-08-20Hon'Ble Shri Justice Abhay Ahuja2 pages

28-IA-4589-.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4589 OF 2025 IN SUIT NO. 2823 OF 2009 SBI GLOBAL FACTORS LIMITED )...APPLICANT

IN THE MATTER BETWEEN

SBI GLOBAL FACTORS LIMITED )...PLAINTIFF V/s.

M/S. MINAR INTERNATIONAL LTD. AND ORS.

)...DEFENDANTS Mr.Dhaval Patil i/by M/s.K. Ashar & Co., Advocate for the Applicant / Plaintiff.

Mr.Omkar Koregaonkar i/by Mr.N. Lakhan, Advocate for the Defendant / Respondent no.4.

Mr.Rushabh Sheth, Advocate for the Official Liquidator. Mr.V.G.Nipane, Deputy Official Liquidator, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

20th AUGUST 2025 P.C. :

1.

Not on board. Taken on board.

2.

Mr.Dhaval Patil, learned Counsel, appears for the Interim Applicant and submits that pursuant to Fresh Certificate of Incorporation dated 26th February 2025, the name of the Plaintiff has ARTI VILAS KHATATE been changed to SBI Factors Limited and that the application to amend by ARTI VILAS KHATATE Date:

2025.08.21 12:06:35 +0530 the plaint and proceedings be permitted.

avk 1/2

28-IA-4589-.doc 3.

The other learned Counsel appearing for the Defendant no.1 / Official Liquidator and the Defendant no.4 have no objection. 4.

Having heard the learned Counsel and having considered the submissions and having perused the application, this Court is of the view that the Interim Application be allowed in terms of prayer clauses (a) to (c) which read thus :

"(a) The Applicant be granted leave to substitute the name of Plaintiff with Applicant, in all present and future proceedings relating to the captioned Commercial Suit and any other consequential amendments thereto;

(b) That the Applicant be permitted to amend the plaint as per the schedule annexed as Schedule - "A" hereto; (c) Leave be granted to carry out consequential amendments;" 5.

Let the amendments be carried out within a period of two weeks and copy of the amended proceedings be served on the others. 6.

The Interim Application, accordingly, stands allowed and disposed as above.

7.

List the Suit on 3rd September 2025 on the Supplementary board. (ABHAY AHUJA, J.) avk 2/2