Interim Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
ORDER IN DRAFT CHAMBER SUMMONS
IN
S.C.SUIT NO.1316 OF 2019
Dr.Abdullah Mubarak Momin ... Plaintiff
Versus
1. Bank of Baroda,
2. Sangli Sahakari Bank Ltd.,
3. Noorjahan Mubarak Momin,
4. Shabana Danish Khan ... Defendants
AND
Mr.Aman Danish Khan … Respondent
CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR
(COURT ROOM NO.9)
DATE : 15th JUNE, 2019
Advocate Mr.P.R.Kadam, for Plaintiff.
Advocate Mr.Kalpesh Joshi, for Defendant nos.3 & 4.
ORDER
1. This Chamber Summons has taken out by plaintiff for
amendment in the plaint for adding necessary party as defendant in the
matter.
2. Plaintiff has filed his affidavit in support of Chamber
Summons contending that this is the suit filed for injunction restraining
defendant nos.1, 2 Banks from disbursing the amount of deceased
Mubarak Momin lying in the account and fixed deposit in those banks.
At the time of hearing for adinterim relief on 10 th June, 2019, advocate
for defendant nos.3 and 4 submitted that son of defendant no.4 is also
nominee in some of the accounts of the deceased. Said information is
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not with plaintiff therefore, he has not added son of defendant no.4 as
party to the defendant, however son of defendant no.4 is made nominee
in respect of the accounts of deceased Mubarak Momin. Said son of
defendant no.4, proposed defendant is necessary party to the suit. To
those contentions plaintiff has prayed to allow the notice of motion.
3. Defendants' advocate has raised the objection by filing say
and by raising formal objection to the Chamber Summons. Considering
the fact that proposed defendant is nominee in respect of some of the
accounts or fixed deposit amount of deceased Mubarak Momin,
proposed defendant is necessary party to the suit as the accounts and
fixed deposit amounts of Mubarak Momin are subject matter of the suit.
Hence, I proceed to pass the following order.
O R D E R
1. Draft Chamber Summons is made absolute in terms of prayer
clause (a) and (b).
2. Plaintiff is directed to carry out amendment in the plaint till next
date.
3. Plaintiff is further directed to serve the copy of amended plaint
upon proposed Defendant and other Defendants and to file typed
copy of amended plaint for the record of the court.
4. Chamber Summons be registered for statistical purpose.
Sd/
(K.P.NANDEDKAR)
15/06/2019 JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 15/06/2019
Transcribed on : 17/06/2019
Signed by HHJ on : 17/06/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
15/06/2019 4.30PM B.R.HATEKAR S.G.
Name of the Judge HHJ Shri K.P.NANDEDKAR(CR No.9)
Date of Pronouncement of Judgement/Order. 15/06/2019
Judgement/order signed by P.O on 17/06/2019
Judgement/order uploaded on 24/06/2019
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