Final Order 1

Order Details: Chamber summons
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IN THE COURT OF SESSION FOR GREATER BOMBAY
CHAMBER SUMMONS NO.1713 OF 2019
IN
S.C.SUIT NO.5800 OF 2007
State Bank of Mysore ..... Plaintiff
V/s
1. Prakash Nathuram Gawde
2. Rajendra Pralhad Saraf
3. M/s.Anand Kawach Associates
4. Ravindra Gajanan Palekar
5. Kishore Ganpat Sawant .....Defendants
APPEARANCE:
Ld.Counsel U.S.Shetty for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 27th November, 2019
ORDER
Perused Chamber Summons No.1713 of 2019 and record in
Suit No.5800 of 2007.
After filing Chamber Summons writ of summons with copy of
Chamber Summons was sent to address of defendants through
Vichare Express & Logistics Pvt.Ltd. on 16/10/2019. As per the
affidavit of service defendant nos.1 and 2 delivered the envelope
on 17/10/2019 and 18/10/2019 and envelope of defendant nos.3
and 4 are returned back with remark that "Office shifted" and
"required building name".
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The plaintiff has tendered Chamber Summons on the basis of
Government notification and wants to amend plaint therefore, the
contention in the Notice of Motion is tried without written say of
defendant nos.3 and 4.
Heard Ld counsel for plaintiff U.S.Sheety.
In view of Government notification dated 22.02.2017 issued
by Government of India published in the gazette of India
extraordinary. Plaintiff bank merged with State of Bank of India
with effect from 01.04.2017. As per the said notification
G.S.R.158(E) plaintiff bank merged with State of Bank of India
therefore, all the legal proceeding which is pending before
appropriate forum shall be continued by State of Bank of India.
The above said suit is filed by plaintiff in the name of State Bank of
Mysore. However, after the issuance of notification the present suit
legally transfer to the State of Bank of India and therefore, it is
necessary for the plaintiff to amend the cause title of plaint and
hence the amendment is required to be necessary. If the said
amendment is allowed certainly no prejudice is caused to the other
side. Hence, I proceed to pass following order.
ORDER
1) Chamber Summons No.1713 of 2019 is made absolute in
terms of prayer clauses (a) to (e).
2) Plaintiff is permitted to amend cause title within 14 days.
3) After amendment plaintiff has directed to file copy of plaint.
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4) Chamber Summons No.1713 of 2019 be disposed of in the
above term.
Date:27/11/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 27/11/2019
Typed on :27/11/2019
H.H.J.Signed on :27/11/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27.11.2019 at 11.30 a.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
27.11.2019
JUDGMENT/ORDER signed by P.O. on 27.11.2019
JUDGMENT/ORDER uploaded on 27.11.2019
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