Delhi High Court
Ms Shoes East Ltd. vs Delhi Stock Exchange Assoc. & Ors. on 6 May, 2009
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: May 04, 2009
Date of Order: May 06, 2009
+ IA No.14576/2008 in CS(OS) 1299/1997
% 06.05.2009
MS Shoes East Ltd. ...Plaintiff
Through : Mr. Naresh K. Thanai, Advocate
Versus
Delhi Stock Exchange Assoc. & Ors. ...Respondent
Through:, Advocates
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
ORDER
IA No.14576/2008
1. This application under Section CPC has been made on behalf of the
applicant/ plaintiff for amendment of respondent No.201 - Bajaj Capital
Investment Center Pvt. Ltd.
2. It is submitted by applicant that in the suit filed by the plaintiff, plaintiff
had made several respondents who were underwriters of the issue. However,
inadvertently name of respondent at S. No.201 was wrongly mentioned as
Bajaj Capital Financial Services instead of Bajaj Capital Investment Center
Private Limited. He submits that Bajaj Capital Financial Services and Bajaj
Capital Investment Centre Private Limited both were having same address
and one was a partnership firm and the other was a private limited company
and when notice was served by the Arbitrator of the arbitral proceedings,
CS(OS) 1299.97 MS Shoes East Ltd. vs. Delhi Stock Exchange Assoc. & Ors. Page 1 Of 3
Director of M/s Bajaj Capital Investment Center Pvt. Ltd. who was one of the
underwriters also filed its affidavit in response. He stated that the error made
in the memo of parties was merely a typographical error. The name of M/s.
Bajaj Capital Financial Services appeared at Serial No.190 as well as at 201 of
the memo of parties. In fact at S.No.201, it should be Bajaj Capital Investment
Centre Pvt. Ltd and the plaintiff should be allowed to correct the name.
3. The application is opposed by counsel for M/s Bajaj Capital Investment
Center Pvt. Ltd. on the ground that M/s Bajaj Capital Investment Center Pvt.
Ltd. was not a party to the proceedings before this Court in this Suit being CS
(OS) 1299 of 1997 and had no opportunity to present its case before the
Court. He was not a party to the reference made by this Court and now he
cannot be made a party.
4. It is not in dispute that M/s Bajaj Capital Investment Center Pvt. Ltd.
was one of the underwriters and original suit was filed against all
underwriters. It is also not disputed that one of the directors of M/s Bajaj
Capital Investment Center Pvt. Ltd. had filed affidavit in response to the
notice sent by Arbitrator even though M/s Bajaj Capital Investment Center
Pvt. Ltd. was not a party to the proceedings. I consider that there was a
possibility of inadvertent mistake in the memo of parties, since there were
around 224 respondents in this case and the name of one of the respondents
i.e. M/s Bajaj Capital Finance Services was reflected twice and the two names
were almost similar.
5. In view of foregoing facts, I allow this application and allow the
correction of name against respondent No.201 of the memo of parties and
CS(OS) 1299.97 MS Shoes East Ltd. vs. Delhi Stock Exchange Assoc. & Ors. Page 2 Of 3
instead of "M/s Bajaj Capital Financial Services", the name of respondent
No.201 be now read as "M/s Bajaj Capital Investment Center Pvt. Ltd." It is
ordered accordingly. Respondent No.201 M/s Bajaj Capital Investment Center
Pvt. Ltd. shall have all rights available under law to it to oppose the claim
before the Arbitrator including the right under Limitation Act.
6. The application stands disposed of with above order.
May 06 , 2009 SHIV NARAYAN DHINGRA J.
rd
CS(OS) 1299.97 MS Shoes East Ltd. vs. Delhi Stock Exchange Assoc. & Ors. Page 3 Of 3
