Tech Process Payment Services ... vs Deepak Mishra And 16 Ors. And ...
2018 Latest Caselaw 1191 Bom

                                                                CHSCD1725.18.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

               ORDINARY ORIGINAL CIVIL JURISDICTION

            CHAMBER SUMMONS (L) NO.1725 OF 2018
                             IN
          COMM. ARBITRATION PETITION NO.606 OF 2018



E-Billing Solutions Pvt.Ltd. (formerly
known as Tech Process Payment
Services Ltd.                                       ... Applicant
      and
TechProcess Payment Services Ltd. and anr.          ... Petitioners
v/s
Bikramjit Sen                                       ... Respondents



Mr V.R. Dhond, Sr. Counsel with Ms Ankita Singhania, Mr Udit Mendiratta,
Ms Manini Bharti, Ms Aparajita Sinha and Ms Salona Mittal I/b M/s Tri
Legal for Applicant in Ch/Sum No.1379 of 2018.

Mr Atul Daga, Mr Farid Karachiwala, Mr Harsheen Madon and Bahraiz
Irani i/b M/s Sagar Associates for Respondents.



                                       CORAM   : B.P. COLABAWALLA, J.

                                       DATE    : 13 th DECEMBER, 2018
P.C.:

1. This Chamber Summons has been filed seeking an amendment

of the Petition as per schedule annexed to the Chamber Summons. This

Chamber Summons is necessitated in view of the fact that the original

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CHSCD1725.18.doc

Petitioner - TechProcess Payment Services Ltd. has merged with another

Company called E-Billing Solutions Pvt.Ltd. pursuant to a scheme of

amalgamation that was sanctioned on 8th October 2018 by the National

Company Law Tribunal, Mumbai.

2. The learned counsel appearing on behalf of the Respondents

states, on instructions, that he has no objection if this Chamber Summons

is allowed. He, however, states that all rights and contentions of the

Respondents be kept open in the proceedings, either filed or to be filed,

between the parties including the right of the Respondents to challenge

the amalgamation that has been sanctioned on 8 th October 2018 by the

National Company Law Tribunal.

3. Keeping all contentions of the Respondent open in all

proceedings already filed or to be filed, the Chamber Summons is allowed

in terms of prayer clauses (a) and (b). Amendment to be carried out

within a period of one week from today.

4. Chamber Summons is disposed of in the aforesaid terms.

However, there shall be no order as to costs.

                                          (B. P. COLABAWALLA, J.)




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