gst 1 cra322.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL REVISION APPLICATION NO. 322 OF 2010. Process Pumps (I) Pvt. Ltd... .... .... ..Applicant. V/s Eagle Sales & Systems India Ltd. .... .... ..Respondent. Mr.S.S.Kanetkar, Adv. For the applicant. CORAM: B.R. GAVAI, J. 13th April, 2011 PC: The applicant challenges the order dated 17.11.2008 vide which the application filed by the respondent for restoration of the suit came to be allowed. 2. Mr.Kanetkar, learned counsel appearing on behalf of the applicant submits that the earlier suit was filed by Eagle Poonawalla Industry Ltd. while the application for restoration was filed by Eagle Sales & Systems India Ltd. It is submitted that even if the earlier plaintiff is amalgamated with the respondent, unless the rights to sue in respect of claim in the plaint are assigned to the respondent, the application at the behest of respondent would not be tenable. 3. I find that the contention raised by the learned counsel for the applicant would touch the merits of the matter. In that view of the matter, applicant if so desires, would be entitled to raise such an issue in the additional written statement or by filing an application framing preliminary issue. Needless to say that if such an issue is raised at the behest of the applicant-defendant learned trial Court would be required to consider and decide the same on its own merits. Revision application stands rejected.