LAWS(BOM)-2008-7-97

M J INTERNATIONAL Vs. NAKSHATRA FINLEASE PVT LTD

Decided On July 22, 2008
M.J.INTERNATIONAL Appellant
V/S
NAKSHATRA FINLEASE PVT. LTD. Respondents

JUDGEMENT

(1.) By this Chamber Summons the Plaintiff has sought the leave of the Court to amend the plaint.

(2.) The suit is filed to recover the balance of the amounts allegedly lent and advanced by the Plaintiff to Defendant No.1. It is alleged that the amounts were lent by the Plaintiff to Defendant No.1 at the instance and on the misrepresentation of one Ramkrishna Raheja, since deceased and Defendant Nos.2 and 3 who are his widow and son and Director of Defendant No.1. Defendant Nos.4 to 7 are impleaded on the basis that the shares of Ramkrishna Raheja are held benami by them. Thus Defendant Nos.2 and 3 are also sued in their capacity inter-alia as heirs of the late Ramkrishna Raheja to the extent of his estate coming to their hands. Defendant Nos.4 to 7 are sued as benamidars of the said Ramkrishna Raheja qua the said shares.

(3.) Needless to say I express no opinion on the merits of the claim especially against Defendant Nos.2 to 7.