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Judgment
Shiv Narayan Dhingra, J.
IA No. 14576/2008
This application u/s CPC has been made on behalf of the applicant/plaintiff for amendment of respondent No. 201 - Bajaj Capital Investment Center Pvt. Ltd.
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, 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.
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.
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.
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 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.
The application stands disposed of with above order.