Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 301 OF 2020
IN
BCCC SUIT NO. 7400 OF 1997
AND
BHC SUIT NO. 2962 OF 1997
(CNR NO. MHCC01-001989-2020)
1. Bank of Baroda )...Plaintiff.
Versus
1. M/s.Jyoti Enterprises & Ors. )...Defendants.
And
1. Shri Ashish P.Ghoghari & Ors. )..Respondents.
Appearance:-
Ld.Advocate Mr.Anant B.Shinde for Plaintiff.
Ld.Advocate Mr.S.K.Paranjpe for defendant Nos. 1 to 5.
Ld.Advocate Mr.Sandip Bhirawadekar for defendnat nos. 6(a) to 6(c).
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
(C.R.No.31)
DATE: 24/02/2020.
O R D E R
This is a chamber summons taken out by the plaintiffs bank for
taking legal heirs of deceased defendant no.2 Smt.Jyotsna Praful
Ghoghari. This chamber summons resisted on behalf of the defendants
by filing their reply. Read the present chamber summons, reply of the
defendants. Heard learned counsel on behalf of both the sides. Perused
record.
2. On scrutiny of pleadings of both the parties, on perusal of record,
arguments of both the learned counsels on behalf of both the sides, it
appears to me that it is admitted fact that the deceased defendant no.2
Smt.Jyotsna Praful Ghoghari died on 25/11/2019. Mr. Milind Vitthal
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Lele, Officer of the plaintiffs bank filed his affidavit in support of this
chamber summons. This chamber summons taken out by the plaintiffs
bank within limitation i.e. on 12/02/2020. It is not disputed that the
proposed legal heirs of deceased defendant no.2 i.e. 2(a) to 2(d) are the
legal heirs of deceased defendant no.2. On perusal of the record, the
defendant nos. 2(a) to 2(c) are already on record as defendants.
Therefore, I inclined to allow this chamber summons taken out by the
plaintiffs bank. Hence, I proceed to pass following order.
ORDER
1. Plaintiff's chamber summons No. 301/2020 is hereby allowed as
prayed.
2. Plaintiff and its advocate are hereby directed to carry out
proposed amendment as prayed within stipulated period.
3. Chamber summons no. 301/2020 is disposed off accordingly.
Date :24/02/2020. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 24/02/2020
Directly dictated
on Computer : 24/02/2020
HHJ signed on : 25/02/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
25/02/2020 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V. Kokare(CR No.31)
Date of Pronouncement of
Judgment/Order
24/02/2020
Judgment/order signed by P.O. on 25/02/2020
Judgment/order uploaded on 25/02/2020
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