Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010031062018
CNR NO. MHCC010031062018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.429 OF 2018
IN
S.C. SUIT NO.3142 OF 2011
(HIGH COURT SUIT NO.243 OF 2011)
State Bank of Bikaner and Jaipur ]
State Bank of India ]… Plaintiff Bank
V/s.
R.B. Goyal, Proprietor M/s. Pooja Impex ]...Defendant.
Appearance:
Ms. Ruchira Shetty Ld. Adv. for the applicant/ plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.13)
DATED : 13th January, 2021
ORAL ORDER
1. Applicant took out this Chamber Summons to amend the
plaint.
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Ch/s 429-2018 .. 2 .. Suit No.3142/2011
2. In brief, it is contention of the plaintiff/applicant that
pursuant to the Notification No.REGD NO.D.L.33004/99 (No.128)
dated 22nd February, 2017 of the Government of India, State Bank of
Bikaner and Jaipur (SSBJ) has been acquired by the State Bank of India
(SBI), Under section 35 of State Bank of India Act, 1955 with effect
from 01st April, 2017.
3. Hence, it is prayed to permit applicant to make amendment
in the plaint and in other proceedings.
4. Heard Learned Advocate Ms. Ruchira Shetty for the
applicant.
5. Perused affidavit in support of service. It is mentioned
therein that copy of the Chamber Summons is served to the proposed
defendant No.1(a) and 1(b). The Learned Advocate for applicant stated
that the plaintiff Bank has taken out Chamber Summons No.1113 of
2014 for bringing on record legal heirs of deceased defendant to make
amendment in the plaint.
6. Perused affidavit in support of the Chamber Summons
No.429 of 2018. Therefore, it is necessary to permit the applicant to
make amendment in the plaint. Applicant has not clarified what are
other proceedings for amendment. Therefore, applicant can be
permitted to make amendment in the plaint. Hence, following order:
ORDER
Chamber Summon No. 429 of 2018 in Suit no. 3142 of 2011 (High
Court Suit no. 423 of 2011) is allowed as under-
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Ch/s 429-2018 .. 3 .. Suit No.3142/2011
1. Applicant is permitted to make amendment in the plaint.
2. Due to Corona Virus Covid-19 Pandemic, it is not proper to give
short period to amend the plaint.
3. Plaintiff is permitted to make amendment in the plaint on or before
next date.
4. Plaintiff is directed to file amended copy of the plaint for court
record.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
Dt.: 13/01/2021 City Civil Court, Gr. MUMBAI
Dictated on : 13.01.2021
Transcribed on : 14.01.2021
Checked on : 14.01.2021
Signed on : 14.01.2021
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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Ch/s 429-2018 .. 4 .. Suit No.3142/2011
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.01.21 at 04.15 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.13)
Date of pronouncement of judgment/order 13.01.2021
Judgment/order signed by P.O. on 14.01.2021
Judgment/order uploaded on 14.01.2021
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