infar ( India) Ltd. Vs. Indian Bank and ors. - Court Judgment

Excerpt:
[b.s.patil j.] this writ petition is filed under articles 226 and 227 of the constitution of india, praying to quash the order dated 29.10.2010 in r.a.no.9/10-11 passed by the respondent no.l vide annexure-h and etc.the court : this is an application for amendment of the plaint consequent upon the change of name of the plaintiff. the plaintiff is now known as organon (india) limited. a copy of the fresh certificate of incorporation consequent upon change of name evidencing the new name has been appended in the petition. there will be an order in terms of prayers (a), (b) and (c) of the masters summons. the amendment will be carried out within four weeks from date. since the amendment is formal in nature, the defendants will not be entitled to use any additional written statement and the reference to the plaintiff in the written statement will be treated as the reference to the plaintiff in its changed name. ga no. 3090 of 2010 is allowed as above without any order as to costs. since no affidavit has been used by the defendants, the allegations in the application should not be deemed to have been admitted. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:
The Court : This is an application for amendment of the plaint consequent upon the change of name of the plaintiff. The plaintiff is now known as Organon (India) Limited. A copy of the fresh certificate of incorporation consequent upon change of name evidencing the new name has been appended in the petition.

There will be an order in terms of prayers (a), (b) and (c) of the Masters Summons.

The amendment will be carried out within four weeks from date. Since the amendment is formal in nature, the defendants will not be entitled to use any additional written statement and the reference to the plaintiff in the written statement will be treated as the reference to the plaintiff in its changed name. GA No. 3090 of 2010 is allowed as above without any order as to costs.

Since no affidavit has been used by the defendants, the allegations in the application should not be deemed to have been admitted. Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.