Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1367 OF 2019
IN
COMMERCIAL SUIT NO.200 OF 2020
IN
SUIT NO.2103 OF 2018
Canara Bank ....Plaintiff
V/s
1. M/s.Jyotiba Tours and Travels
(Proprietor Mr.Uttam Chavan) &
(Proprietor of Ms.Jyotiba Tours
& Travels) ....Defendants
APPEARANCE:-
Advocate Shailja Shukla for plaintiff.
None for defendant.
CORAM : H. H. AD-HOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO.32)
DATE : 02nd March, 2020
ORDER
Heard Ld.Counsel for plaintiff.
Perused record. It is submitted that writ of summons was issued
against both the defendants but while taking out writ of summons
it came to the knowledge that there was typographical error in the
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typing of the name of defendant no.2 as it was wrongly typed as
"Uttam Chavan" instead of "Mr.Uttam Pandurang Chavan" in the
clause title and vakalatnama of the suit. It is further submitted
that the said mistakes are typographical mistake occurred due to
oversight of advocate which are need to be rectified by way of
amendment in the clause title. Vakatlatnama and the writ of
summons issued in respect of defendant no.2. Lastly, it is prayed
that the name of defendant no.2 Mr.Uttam Chavan be rectified as
Mr.Uttam Pandurang Chavan.
Looking into the facts and circumstances, the present suit is
pending the defendant no.2 is yet to be appeared. Prima faice it
is admitted by the plaintiff that the same of defendant no.2
wrongly written in the clause title and vakalatnama. In my view
the proposed amendment is formal in nature, if the proposed
amendment is permitted then no prejudice would be caused to the
case of defendant. Hence, I proceed to pass following order.
ORDER
1. Chamber Summons No.1367 of 2019 is made absolute in
terms of prayer clause (a).
2. Plaintiff is permitted to carry out amendment as per schedule
I within 14 days as per O.VI R.18 of CPC.
Date:- 02/03/2020 (Milind A.Bhosale)
Ad-Hoc Judge
City Civil & Sessions Court,
Gr.Bombay
Direct Dictated on :- 02/03/2020
H.H.J.Signed on :- 02/03/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/03/2020 at 4.35 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
02/03/2020
JUDGMENT/ORDER signed by P.O. on 02/03/2020
JUDGMENT/ORDER uploaded on 02/03/2020
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