DERIVATE CASOIL LTD Vs. AGRO TECH FOODS LIMITED

JUDGEMENT

(1.) THIS Court ordered notice before admission on 11. 03. 2008 and granted interim stay for a limited period, which is being extended.

(2.) DERIVATE Casoil Limited represented by its Managing Director, plaintiff in o. S. No. 36 of 1996 on the file of I-Additional Senior Civil Judge, Fast Track court, Mahabubnagar, respondent in I. A. No. 88 of 2007, aggrieved by the order, dated 07. 02. 2008, had preferred the present Civil Revision Petition.

(3.) THE said application was filed by the present respondent/petitioner-2nd defendant for reception of documents on behalf of the 2nd defendant Company. The affidavit in support of the application was sworn to by DW. 2. The learned I-Additional Senior Civil Judge, Fast Track Court, Mahabubnagar, after recording certain findings, came to the conclusion that DW. 2 be permitted to be examined on behalf of the 2nd defendant Company and the documents to be received in evidence as prima facie they are necessary. However, the learned I-Additional senior Civil Judge, Fast Track Court, Mahabubnagar, also further observed that, in the facts of the case, the amendment of the change in the name of the 2nd defendant Company as "m/s. Agro Tech Foods Limited" in the plaint is necessary, so as to avoid confusion. Likewise, the plaintiff was directed to amend the plaint as regards the change in the name of the 2nd defendant as "m/s. Agro Tech foods Limited" and further observed that the evidence of DW. 2 will be taken up only after amendment of the plaint as regards the name of the 2nd defendant as "m/s. Agro Tech Foods Ltd. " Aggrieved by the same, the present Civil Revision petition is preferred.