kbp 1 1570-84.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBA ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1576 OF 2009 IN SUIT NO.1570 OF 1984 Indian Explosive Ltd. and anr. ..Plaintiff Vs. M/s.Gibson Gas Tankers Ltd. and ors. ..Defendants. ...... Ms.Uma Kabra i/b.M/sNarichania & Narichania, for applicant. Mr.Suraj Desai Almeida i/b.Mr.D.C.Gomes, for defendant No.3. Mr.U.J.Makhijia, a/w.Mr.Parag Khandar i/b.M/s.Mulla & Mullla, for defendant no. 4. CORAM : A.S.OKA, J.. DATE : 7th November, 2009. P.C. : 1] Heard learned counsel for the plaintiff in support of the chamber summons. I have also heard learned counsel for the third defendant as well as fourth defendant. Learned counsel the plaintiff states that the first and second defendants have been duly served with the chamber summons. 2] Affidavit in support of the chamber summons discloses that the name of the first plaintiff Company has undergone a change and a fresh certificate of incorporation consequent on change of name has been issued and a copy thereof has been annexed to the affidavit. The learned counsel for the fourth defendant invited my attention to the prayer in the chamber summons. He kbp 2 1570-84.sxw submitted that this Court cannot grant leave to the first plaintiff to change its name. The learned counsel for the fourth defendant is right to that extent. However, as a consequence of change of name of first plaintiff, an amendment is required to be carried to the cause title for replacing the name of the first plaintiff Company by the new name. Hence, the chamber summons is disposed of by passing the following order:- (a) Plaintiffs are permitted to carry out amendment to the plaint as per the scheduled annexed to the chamber summons. (b) Amendment be carried out with four weeks. (c) Additional written statement of defendant dated 4th July, 2009 is taken on record. (d) Suit be set down on 14th December, 2009 for directions. ( A.S.OKA, J. )