1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.259 of 2010 IN Summary Suit No.2803 of 2004 A N D Chamber Summons No.260 of 2010 IN Summary Suit No.575 of 2004 M/s.Omkar Realtors & Developers (Bhoiwada) Pvt. Ltd. ... ... Plaintiff v/s. Autoriders (India) Pvt.Ltd. (In liquidation) ... ... Defendant Mr.Jaswant Khatodiay i/by Mr.Mukesh Jain for Plffs. Mr.Andrea Lobo i/by Mr.S.T. Shaikh for Deft. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 12th April, 2010 P.C. : 1.In both the above Chamber Summonses, the Defendant in the Suit was directed to be wound up. Consequently, the Liquidator was appointed and was made a party Defendant. Upon the Liquidator being sued, the original Defendant s name was deleted from the record. Thereafter an application came to be filed in the Company Petition in which the Liquidator came to be appointed for withdrawal of the Company Petition and 2 discharge of the Official Liquidator. The Official Liquidator was discharged. 2.Consequently, in this Suit, the Official Liquidator cannot continue as the Defendant. Hence the Plaintiff is permitted to delete the Official Liquidator, High Court, Bombay, as representing the Defendant. The original Defendant shall be re-substituted as the Defendant in the Suit since it is no longer a Company in liquidation and can be sued in its own capacity. Consequently, both the Chamber Summonses are made absolute in terms of prayer (a) with the addition that the original Defendant shall be once again brought on record in the Suit as the Defendant. The original Defendant is represented by its Advocate. The Plaintiff shall amend the Plaint accordingly and also amend the copy of the Plaint served upon the original Defendant, showing the original Defendant having been brought on record as the Defendant to the Suit once again. The amendments shall be carried out within 2 weeks. The copy of the Plaint served upon the Defendant shall also be amended within 2 weeks. 3.Both the Chamber Summonses are disposed of accordingly. (SMT.ROSHAN DALVI, J.)