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Court Order

Final Order 1

CNR MHCC01001340202001 Feb 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 01 Feb 2020 · CNR MHCC010013402020

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.190 OF 2020
IN
S.C.SUIT NO.3613 OF 2012
STATE BANK OF INDIA ....Plaintiff
V/s
SURYANARAYAN R.TIWARI & ANR. ....Defendants
APPEARANCE:
Ld.Counsel Neelam Mehta for plaintiff.
Advocate Linata Shetkar for defendant no.5.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 01st February, 2020
ORDER
Perused Chamber Summons and affidavit in support of &
reply filed by defendant no.5.
Heard Ld counsel for plaintiff Neelam Mehta.
It is submitted by the plaintiff bank the authorized officer for
the plaintiff was transfered and he is now replaced by Mr.Binod
Kumar Sinha. It is further submitted by the plaintiff that vide
Board Resolution dated 06.09.2019 Binod Kumar Sinha is
authorized to look after the suit on the basis of record and
therefore, it is necessary to incorporate name of Mr.Binod Kumar
Sinha in the clause title by way of amendment. Prima facie looking
into the facts and circumstances, the present suit is filed by
authorized officer Mr.Sandeep Shantaram Bhosale on behalf of
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plaintiff. After his transfer it is necessary on the part of plaintiff to
appoint another officer in the present suit to look after the
litigation and accordingly plaintiff issued authorization to Mr.
Binod Kumar Sinha to look after the suit as a capacity of plaintiff
and therefore, plaintiff wanted to make necessary amendment in
the clause title to incorporate the name of Binod Kumar Sinha as a
plaintiff. Defendant no.5 submitted that amendment is of technical
nature and therefore, he does not raise any objection. In view of
abovesaid facts and circumstances, I found that the proposed
amendment is formal in nature and if permission is granted to the
plaintiff to amend the clause title, no prejudice would be caused
to the case of defendant. Hence, I proceed to pass following order
ORDER
1) Chamber Summons No. 190 of 2020 is made absolute in
terms of prayer clause (a).
2) Plaintiff is directed to carry out amendment within 14 days.
Date: 01/02/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 01/02/2020
Typed on :01/02/2020
H.H.J.Signed on :01/02/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
01/02/2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
01/02/2020
JUDGMENT/ORDER signed by P.O. on 01/02/2020
JUDGMENT/ORDER uploaded on 01/02/2020
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