Final Order 1

Order Details: Chamber summons
Pdf Text: 1 Order in Ch/s 310/2020
in Com. Suit 206/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 310 OF 2020
IN
COMMERCIAL SUIT NO. 206 OF 2019
CNR NO. : MHCC01-002003-2020
Dena Bank …Plaintiff
Vs.
Mr. Alam Kutbulla Salmani & Anr. … Defendants
Appearance:
Mr. K.D. Shukla, advocate for the plaintiff.
CORAM :SMT. S.S. NAGUR,
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 25/02/2020
ORAL ORDER
1. The chamber summons is filed by the the plaintiff to amend
the plaint thereby to incorporate the name of the plaintiff bank as
Bank of Baroda. The chamber summons is supported by affidavit of
Shri. Shamji K. Charania, the Officer / Manager of the plaintiff
bank. The plaintiff bank is merged with the Bank of Baroda with
effect from 01.04.2019 as per notification G.S.R. 2(E). Hence,
prayed to allow the application.
2. The chamber summons is supported by notification of
Central Government dated 02.01.2019. The plaintiff bank is
merged with Bank of Baroda and the effect of merger is from
01.04.2019. The plaintiff bank even though was aware of the
notification, filed the suit in the name of earlier bank. The
defendant is yet not served. The plaintiff should have filed the suit
with the bank with which it is merged. The said amendment is
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2 Order in Ch/s 310/2020
in Com. Suit 206/2019
necessary. Advocate for plaintiff stated that the suit was filed in the
month of March 2019. On perusal of plaint, Challan for payment of
Court Fee is dated 01.03.2019. The chamber summons therefore
needs to be allowed. Hence pass the following order :-
ORDER
1. The chamber summons no. 310 of 2010 is
allowed.
2. The plaintiff is allowed to carry out
amendment in the title of the plaint and
further consequential amendment, if any
within the period of limitation.
3. Accordingly, chamber summon is disposed of.
(Smt. S.S. Nagur)
Assistant Sessions Judge
Gr. Mumbai.
Dictated on : 25/02/2020
Transcribed on : 28/02/2020
Sign on : 28/02/2020
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3 Order in Ch/s 310/2020
in Com. Suit 206/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07/03/2020 4.35 p.m. Prachi Y. Potdar (H.G.)
Name of the Judge HHJ Smt. S.S. Nagur
(CR No.13)
Date of Pronouncement of
Judgment/Order.
25/02/2020
Judgment/order signed by P.O on 28/02/2020
Judgment/order uploaded on 07/03/2020
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