Cure Surgicals vs Darshika Orthocare on 15 March, 2022
16. Further, it is stated that as per section 62 of the Indian Contract
Act, 1872 there should have been novation of contract between the parties
however, due to nondisclosure of change in constitution to the defendant, the
present suit is not maintainable and is liable to be dismissed. Reliance has been
placed on Meenakshi Achi and Ors. vs. P.S.M Subramanian Chettiar and
Ors. AIR 1957 Mad 8 and Citi Bank N.A. and Ors. vs. Standard Chartered
Bank and Ors. AIR 2003 SC 4630. The argument is again devoid of any
substance as the present suit has been filed by the registered partnership firm
through one of its partners. Sh. Kapil Malhotra is still a partner in the firm,
however, as the firm was registered, the firm chose to file the present suit
through Ms. Ambika Malhotra.