VARUN BEVERAGES LIMITED Vs. BAKSKISH ENTERPRISES

JUDGEMENT

(1.) Heard Mr. B. Jain, learned counsel for the petitioner. Also heard Mr. S. P. Roy, learned counsel for the respondent.

(2.) This civil revision petition, under Article 227 of the Constitution of India, is directed against the Order dtd. 6/7/2022, passed by learned Civil Judge No. 1, Kamrup (M), Guwahati, in Money Suit No. 65/2002, whereby, the Petition No. 2851/2019 praying for granting leave for filing the documents was partly rejected, which was filed by the present petitioner/defendant under Order VIII Rule 1-A(3) read with Sec. 151 of the Code of Civil Procedure.

(3.) The brief facts of the case is that the petitioner/defendant is a Company registered under Companies Act, 1956, having its registered Office at F-2/7 Okhla Industrial Area, Phase ' I, New Delhi, and the respondent/plaintiff No. 1 is a partnership firm, of which the respondent/plaintiff No. 2 is the proprietor. The respondent, as a plaintiff, instituted a money suit against the present petitioner/defendant, which was numbered as M.S. No. 65/2002 and pending before the Court of learned Civil Judge, No. 1, Kamrup (M), Guwahati, against M/S North East Pure Drinks Private Ltd., the original defendant No. 1, which was merged with M/S Varun Beverages (International) Limited in the year 2011, whereas M/S Varun Beverages (International) Limited was amalgamated with M/S Varun Beverages Limited. The respondents, as plaintiffs, on getting information about the aforesaid amalgamation and devotion of interest, filed an application under Order 22 Rule 10 of the Code of Civil Procedure for substitution and accordingly, the name of the present petitioner was substituted in place of the original defendant No. 1, vide order dtd. 5/5/2018, passed by the learned Trial Court in M.S. No. 65/2002.