ARIJIT BANERJEE, J. - (1.) The instant application has been filed by one Arun Sign Service Private Ltd. for restoration of CS No. 142 of 2009 and for substitution of the applicant as the plaintiff in the place and stead of M/s. Arun Sign Service, a partnership firm, which had filed the suit as the original plaintiff. The material facts of the case are as follows.
(2.) The suit was filed on or about 19 May, 2009 by the plaintiff on record, being a partnership firm registered under the Indian Partnership Act, 1932, claiming a decree for Rs. 1,76,37,949/ - against the defendant.
(3.) On or about 23 February, 2010 the applicant company being Arun Sign Pvt. Ltd. was incorporated and a certificate of incorporation dated 23 February, 2010 was issued by the Deputy Registrar of Companies, West Bengal under the Companies Act, 1956. It would appear from the Memorandum of Association of the applicant company that the main object of the company was to acquire and take over the partnership business of M/s. Arun Sign Service being the plaintiff on record as a going concern together with all its assets, properties, rights, liabilities, obligations including all arrear taxes, duties, contributions, cess and other statutory liabilities with or without such modification as may be decided upon.;