Final Order 1

Order Details: Other
Pdf Text: 10.01.2020
Comm Suit
29/19 @
Ch/S
1823/19
Exh.4
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. M. W. CHANDWANI (C.R. NO.19)
Adv. Mayur Sonavane a/w Adv. Dilip Bagawe for plaintiff is present
and filed affidavit of service regarding service of chamber summons
to proposed defendant. TOR and marked as Exh.4.
It appears from affidavit of service that the State Bank of India,
inspite of service did not appear.
Adv. B. N. Kandekar i/b Adv. K. N. Kandekar for defendant is
present.
None present for proposed defendant.
Heard both the sides.
Order on Chamber Summons No.1823/19
It is contended on behalf of plaintiff that the defendant has taken
objection in written statement contending that the State Bank of
India is necessary party therefore the present Chamber Summons is
taken out. Defendant submits to the order of the court.
It appears that the suit is filed for refund of security deposit for
contesting the tender. Tender was not alloted to the plaintiff and
even the security deposit was not refunded to the plaintiff. The
defendant submits that it is bank who has to remit the amount on
the person to whom the tender is not allotted and the State Bank of
India has not remitted the amount to the plaintiff. In view of this
fact, I think the presence of State Bank of India is necessary.
ORDER
1. The Chamber Summons No.1823/19 is made absolute in terms of
prayer clause (a) and (b).
2. Plaintiff to carry out the amendment till next date.
3. Copy of amended plaint be served to both the defendants.
Adjourned to 29.01.2020 for Compliance.
Principal Judge,
Gr. Mumbai.
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