Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2045 OF 2019
IN
S.C.SUIT NO.2372 OF 2016
Canara Bank ....Plaintiff
V/s
1. M/s.Fashion Garment.
2. Naziya Fakhruddin Shaikh .... Defendants
APPEARANCE:
Advocate Yasmin Sarang for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 21st November, 2019
ORDER
Perused Chamber Summons @ affidavit in support of Chamber
Summons.
Heard Ld Counsel for plaintiff Yasmin Sarang.
It is submitted by the plaintiff that the plaintiff has filed suit
against defendant and Virendra Budhiram Kumar has filed plaint in the
year 2016 on behalf of plaintiff. It is further submitted that later on
Virendra Budhiram transfer to Ahmadabad and new officer is appointed
to the plaintiff bank. It is further submitted by the plaintiff that the new
officer Hiralal Jethalal Rathod be substituted in place of Virendra
Budhiram Kumar. It is further submitted that technically the proposed
amendment is required to be necessary and if proposed amendment be
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permitted than no prejudice would be caused to the case of defendant.
I have perused record of Suit No. 2372/2016 it has rightly
pointed out by the counsel for plaintiff bank initially suit had been filed
by the and then officer Virendra Budhiram Kumar against defendant.
Latter on it was informed by plaintiff that Virendra Budhiram Kumar
was transfered and new officer Hiralal Jethalal Rathod was appointed
to the plaintiff bank as a Chief Manager. As per the procedure it is
necessary on the part of plaintiff to bring the subsequent changes on to
the record by way of amendment. Therefore, I am of the opinion that
the proposed amendment is formal in nature and if plaintiff has
permitted to carry out amendment then no prejudice would be caused
to the case of defendant. Hence I proceed to pass following order.
ORDER
1) Chamber Summons No. 2045/2019 is allowed.
2) Plaintiff is permitted to carry out amendment and substitute the
name of present officer Hiralal Jethalal Rathod as a plaintiff in
the title clause
3) Plaintiff is directed to carry out the amendment within 14 days.
Date:21/11/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 21/11/2019
Typed on :21/11/2019
H.H.J.Signed on :21/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.11.2019 at 5.30 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
21.11.2019
JUDGMENT/ORDER signed by P.O. on 21.11.2019
JUDGMENT/ORDER uploaded on 21.11.2019
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