Interim Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 560/21 in Comm. Suit No. 63/2020. 1 Order.
MHCC010024682021
Presented on : 11-03-2021
Registered on : 11-03-2021
Decided on : 19-03-2021
Duration : 0 years, 0 months, 8 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 560 OF 2021
IN
COMMERCIAL SUIT NO. 63 OF 2020
Mr. Anand Chhaganlal Thakkar )...Plaintiff
Versus
Indiabulls Housing Finance Ltd. and Another )...Defendants
And
CFM Asset Reconstruction Pvt. Ltd. )...Respondent
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 19th MARCH, 2021.
Ms. Wadekar, Advocate for Plaintiff.
Ms. Sanap, Advocate for Defendant No.1.
ORDER
This is a chamber summons taken out by plaintiff to
substitute defendant no.1. Perused reply endorsed on overleaf by Adv.
Sanap for defendant no.1.
2. Learned Adv. Wadekar for plaintiff submits that in view of
Assignment Deed, all rights and liabilities of defendant no.1 company
came to be assigned to “CFM Asset Reconstruction Pvt. Ltd.”. In respect
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Ch/s No. 560/21 in Comm. Suit No. 63/2020. 2 Order.
of loan account as mentioned in plaint, it is prayed to substitute
defendant no.1.
3. Learned Adv. Sanap for defendant no.1 submits that there
is no service report to the extent of defendant no.2. It was necessary on
the part of plaintiff to obtain proper steps. Admittedly, it is a formal
amendment, however, it reflects negligence of plaintiff. It is prayed for
appropriate order.
4. It is not disputed that during pendency of the suit, all rights
and liabilities of the defendant no.1 came to be assigned to “CFM Asset
Reconstruction Pvt. Ltd.”. Except change in the assignment, there is no
substantial change in the claim or the crux of the suit. No prejudice will
cause to defendants. Amendment deserves to be allowed. Plaintiff to
take proper steps to serve summons to defendant no.2. Hence, the
order :
ORDER
1. Chamber Summons No. 560/2021 is allowed.
2. Plaintiff to carry out the amendment within four days from
the date of uploading of the order.
3. Defendant no.1 is at liberty to file written statement.
4. Ch/s No. 560/2021 is disposed off.
(G.G.BHANSALI)
Judge, City Civil & Sessions Court,
Date : 19/03/2021. Mumbai.
1. Dictated on : 19/03/2021.
2. Transcribed on : 19/03/2021.
3. Signed on : 20/03/2021.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 560/21 in Comm. Suit No. 63/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
20/03/2021. 11.38 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 19/03/2021.
Judgment/Order signed by P.O. on 20/03/2021.
Judgment/Order uploaded on 20/03/2021.
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