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2018 DIGILAW 2031 (RAJ)

Aveal Estates Private Limited v. Chittar Son of Shri Mool Chand Died Through Its Legal Heirs

2018-10-03

SANJEEV PRAKASH SHARMA

body2018
ORDER : 1. This writ petition has been preferred by M/s Aveal Estates Private Limited against the order passed by the Additional Sessions Judge, No.2, Jaipur District Jaipur dated 12.03.2018 whereby the application moved by the petitioner-Company under Order 06 Rule 17 CPC has been rejected. 2. It is stated that the petitioner-Company was earlier having its registered Office at 15, Shivaji Marg, Moti Nagar, New Delhi in the name of M/s Aveal Estates Private Limited. The name of M/s Aveal Estates Private Limited was later on amalgamated with Athoral Builders & Developers Private Limited. The Scheme of amalgamation of the petitioner-Company was duly approved by the National Company Law Tribunal at New Delhi vide order 02.08.2017 in Company Petition No.882/2016. In terms of the Agreement an application was moved under Order 06 Rule 17 CPC by the petitioner-Company before the Additional Sessions Judge No.2, Jaipur District Jaipur for seeking amendment of the causetitle and replacing the name of the petitioner-Company in place of the earlier amalgamated Company namely M/s. Aveal Estates Private Limited. The said application has been rejected by the Court below vide order dated 12.03.2018 on the ground that the address of the petitioner-Company is different from that of the original Company. 3. Learned Counsel submits that the amalgamated company would have a separate address from that of the Company which is amalgamated in it and merely because of the change of the address, the application under Order 06 Rule 17 CPC could not have been rejected. Learned Counsel has also pointed out that the address of the petitioner-Company was changed from Jhandewalan Extension to Shivaji Marg, Moti Nagar, New Delhi w.e.f. 26.04.2010 and thereafter to the present address w.e.f. 16.03.2015. So far as the suit preferred by the Company amalgamated with the petitioner-Company is concerned, the nature of the said suit could not change and, therefore, the order passed by the learned Additional District Judge, No.2, Jaipur District Jaipur dated 12.03.2018 deserves to be set aside. 4. Learned Counsel for the respondents however, submits that the amalgamation ought not to have been allowed and order has been rightly passed as the petitioner-Company has not impleaded as a party to the suit and the original plaintiff cannot be replaced by a new Company. 5. 4. Learned Counsel for the respondents however, submits that the amalgamation ought not to have been allowed and order has been rightly passed as the petitioner-Company has not impleaded as a party to the suit and the original plaintiff cannot be replaced by a new Company. 5. I have heard learned Counsel for the parties and find that the nature of the suit does not change on account of change of the name of the plaintiff to the suit. Admittedly, the original plaintiff namely M/s. Aveal Estates Private Limited having its registered Office at 15, Shivaji Marg, Moti Nagar, New Delhi has amalgamated with the petitioner-Company in terms of the order passed by the National Company Law Tribunal at New Delhi under Sections 391 to 394 of the Companies Act. Thus, all the rights and liabilities of the amalgamated Company would go to the petitioner-Company and the petitioner Company, therefore, had rightly moved the application under Order 06 Rule 17 CPC and the learned Judge ought to have allowed the said application. Merely because of the change of the address which may change from time to time, the application under Order 06 Rule 17 CPC could not have been rejected. 6. Accordingly, the present writ petition is allowed. Application under Order 06 Rule 17 moved by the petitioner is also allowed. The petitioner-plaintiff is allowed to be impleaded as the plaintiff-Company to the Suit No.14/2018 pending before the Additional Sessions Judge, No.2, Jaipur Distt. Jaipur. 7. No costs.