Calcutta High Court
Premier (India) Bearing Ltd vs Skf Bearing India Ltd on 14 July, 2023
Author: Sugato Majumdar
Bench: Sugato Majumdar
OCD- 1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
COMMERCIAL DIVISION
CS/101/2004
IA NO: T/2/2004(Old No:T/129/2004), GA/5/2023
PREMIER (INDIA) BEARING LTD.
VS
SKF BEARING INDIA LTD.
BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date : 14th July, 2023 Appearance :
Mr. S. Mishra, Adv.
Mr. P. Das, Adv.
Mr. B. Sen, Adv.
Mr. D. Choudhury, Adv.
Mr. S. Choudhury, Adv.
The Court: GA/5/2023 is filed with a prayer of changes of name of the Defendant and registered office address of the Plaintiff and the Defendant. Amendments are formal in nature and, if not, allowed may frustrate any decree if passed in their favour.
Learned Counsel for the Defendant opposed the application as the amendment application is delayed.
Learned Counsel referred to Punjab National Bank Versus Indian Bank and Another (2003) 6 Supreme Court Cases 79 and (2008) 15 Supreme Curt Cases 610 Ashutosh Chaturvedi Versus Prano Devi Alias Parani Devi and Others.2
In Punjab National Bank's case, the Supreme Court of India allowed amendment on imposition of cost. In that case the amendments could have been filed before institution of the suit. In the case in hand amendment becomes necessary due to subsequent change of name and address although there is a delay of more than ten years.
In Ashutosh Chaturvedi case (Supra) was decided on the facts and circumstances specific to it.
In the present case, the proposed amendments are formal in nature relating to the changes of name and address of the parties, though could have been made much earlier.
Accordingly, Prayers (a) and (b) of the Master Summons are allowed on payment of cost of Rs.5000/- because of delay.
The Department is directed to take necessary steps for carrying out the amendments.
Let the matter appear in the list on 18th August, 2023.
(SUGATO MAJUMDAR, J.) A Dey