Using Prefix “M/s” Before Company’s Name is Incorrect: Bombay HC

The Bombay High Court had earlier issued a circular dated April 3, 2017, to clarify the correct way to name parties in legal documents. The circular was based on observations made by Hon’ble Justice G.S. Patel during the hearing of Chamber Summons No. 89 of 2017 in Execution Application (L) No. 198 of 2017, in Arbitration Case No. 1 of 2014 on March 8, 2017.

The court observed that many lawyers and practitioners use the affix abbreviation “M/s” before the names of the companies, including the private and the public ones. However, the court said that this is incorrect because “M/s” is meant only for firms, not for companies.

Further, the Court also noted that prefixes like “Mr”, “Ms”, or “Mrs” should not be used before the names in the title of legal proceedings. As per the court, if the names are not included in this incorrect format, it becomes hard for the court to issue certified copies.

The court has directed the section officer and clerk of the centralised filing and lodging department to strictly check and ensure that there are no such prefixes used.