Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1302 OF 2019
IN
S.C.SUIT NO.9476 OF 1999
HIGH COURT SUIT NO.5614 OF 1999
Corporation Bank ....Plaintiff
V/s
1. M/s.Pune Land (P) Ltd.,& Ors. ....Defendant
APPEARANCE:
Advocate Yasmin Sarang for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 14th November, 2019
ORDER
Perused Chamber Summons @ affidavit and affidavit in service.
2. Heard Ld. Counsel for plaintiff Yasmin Sarang.
3. According to the plaintiff the defendant no.2 was died on
03.05.2009 as informed by counsel for defendant no.2 vide Exh.No.4. It
is further submitted that after intimation of death of defendant no.2 it
was directed by the plaintiff to take steps. As per the direction of
plaintiff tender Chamber Summons for delete the name of defendant
no.2. It is further submitted that delay of 155 days is caused to take
steps. It is further submitted that delay may kindly be condoned and
name of defendant no.2 may kindly deleted from the cause title of this
suit.
4. Perused record. As per the intimation given by advocate for
original defendant no.2 @ death certificate of defendant no.2 Dalal
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Paresh Kantilal was died on 03.05.2009. However, the defendant no.2
given intimation to the Court on 05.03.2019 on the same date then
intimation given by counsel for defendant no.2 the suit against
defendant no.2 stands aromatically abated. However, opportunity is
given to the plaintiff if he want to bring the legal representative of
deceased defendant no.2 on record. However, by way of present
Chamber Summons the plaintiff clarify his position that he does not
want to bring the legal representative of deceased defendant no. 2 on
record and made simple prayer to delete the name of defendant no. 2
on title clause. If such type of permission is granted then I am opinion
that no prejudice is caused to the case of defendant no.1 therefore, the
plaintiff seeks amendment to delete the name of defendant no. 2 from
the clause title by way of amendment and this amendment is formal in
nature.
5. In the above said reason, I proceed to pass following order.
ORDER
1) Chamber summons no. 1302 of 2019 is allowed.
2) Plaintiff is allowed to delete the name of deceased defendant no.2
from clause title.
3) Plaintiff is permitted to amend the title clause as per schedule.
Date:14/11/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 14/11/2019
Typed on :14/11/2019
H.H.J.Signed on :14/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08.11.2019 at 5.10 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
08.11.2019
JUDGMENT/ORDER signed by P.O. on 08.11.2019
JUDGMENT/ORDER uploaded on 08.11.2019
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