HINDUSTAN COMPUTERS Vs. DART COMPUTERS LTD

JUDGEMENT

(1.) Heard Mr. Uday Malte, learned Counsel for the petitioner and Mr. Anilkumar, learned Counsel for the respondents at length. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner, here-in-after referred to as 'plaintiff' has challenged the judgment and order dated 11.2.2010 passed by the Civil Judge (Sr. Dn), Malegaon, below Exhibit-49 in Special Civil Suit No. 76 of 2004. By that order, the learned trial Judge rejected the application taken out by the plaintiff for amending the plaint.

(2.) The plaintiff-M/s Hindustan Computers instituted Special Civil Suit No. 76 of 2004 on 4.9.2004 for recovery of Rs. 44,81,820/- from the respondents, hereinafter referred to as Tapadia RR 'defendants'. The plaintiff was sued as under:-

(3.) The petition was admitted by issuing Rule on 20.10.2010 and ad interim relief in terms of prayer Clause (B) was confined to the stay of the suit.