1 chs.824.09.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.824 OF 2009 IN SUMMARY SUIT NO.1657 OF 2003 Indian Express Newspapers(Bombay) Ltd .. Plaintiff versus Mr.Sanjay Khemka ..Defendant And The Indian Express Ltd ..Applicant Mr.Amol Joshi i/by Ms.Poorvi Kamani, for the plaintiff /applicant None for the defendant. CORAM: S.J.KATHAWALLA, J. DATED: MARCH 9, 2011 P.C. By this Chamber Summons the plaintiff applicant seeks to carry out the amendment to the title of the plaint to the extent of deleting the plaintiff’s name Indian Express Newspapers (Bombay) Ltd, and replace the same by Indian Express Ltd. It is submitted on behalf of the applicant plaintiff that pursuant to the order of this court passed on 25th July, 2008 the Print Media business of the company namely Indian Express Newspaper (Mumbai) Ltd, stood transferred and vested 2 chs.824.09.sxw in the Indian Express Ltd under the scheme of arrangement by way of demerger u/s.394 of the Companies Act, 1956, the effective date of which was 5th January, 2009. It is further pointed out that clause 6 of the scheme contained in the said order provides that all legal or other proceedings of whatsoever nature by or against Indian Express Newspapers (Bombay) Ltd pending and/or arising on or after the appointed date shall be continued and/or enforced by or against the applicant/plaintiff i.e. the Indian Express Ltd. 2. Though the chamber summons is served on the defendant and an affidavit dated 2nd June, 2009 proving service of the Chamber Summons is filed, no reply is filed to the Chamber Summons. In fact none appear for the defendant. The chamber summons is therefore, allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within two weeks from today and a copy of the amended plaint be forthwith served on the Advocate for the defendant. ( S.J.KATHAWALLA, J )