Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2091 OF 2019
IN
S.C.SUIT NO.4282 OF 2011
HIGH COURT SUIT NO.2207 OF 2011
Janata Sahakari Bank Ltd Pune Applicants
(Original Plaintiff)
In the matter between
Janata Sahakari Bank Ltd Pune ....Plaintiff
V/s
1. Mr.Suryankant Patel
2. Mr.Vinod Gulabchand Ojha
3. Mrs.Lata Vinod Ojha
4. Mr.Dinesh S.Buchasia ....Defendants
APPEARANCE:
Advocate Sanjay Udeshi for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 21st November, 2019
ORDER
Perused Chamber Summons alongwith Affidavit taken out by
plaintiff.
2. Heard Ld counsel for plaintiff.
3. It is submitted by the plaintiff that he has filed suit against
defendant for recovery of money on behalf of Janata Sahakari Bank Ltd,
Pune. It is submitted that initially in the year 2011 authorization is
issued by the bank in favour of Shridhar Vasant Rajderkar and
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accordingly he has filed suit against defendant. Later on, he was
transferred and another officer was appointed by bank and accordingly
he has tendered affidavit in examination in chief on behalf of plaintiff
bank. Later on, the person who tendered affidavit in examination in
chief on behalf of plaintiff bank transfer to the Nasik and he could not
remain present before the court and therefore, plaintiff bank choose to
tender affidavit in examination in chief of Mr.Ravi Mondker. It is
further submitted that plaintiff bank authorized Mr.Ravi Mondker to act
on behalf of plaintiff as a plaintiff and also authorized to tender
evidence on behalf of plaintiff bank and therefore, it is necessary to
incorporate the name Mr.Ravi Mondker in the cause title of suit by way
of amendment as well as it is necessary for getting permission to tender
affidavit in examination in chief on behalf of plaintiff. Plaintiff wants to
amend the suit.
4. I have perused record. Admittedly, initially another officer by
name Sitakant Kashinath Menjoji filed suit on behalf of plaintiff as
authorized by plaintiff bank to file suit against defendant for recovery of
amount. Later on, he was transferred and plaintiff had tendered
affidavit in examination in chief of another officer. But as per record it
is stated by plaintiff that the said officer is also transfer to Nasik and he
wants to add the name of present officer Mr.Ravi Mondkar as a plaintiff
and also grant permission to tender affidavit in examination in chief on
behalf of plaintiff bank. In support of plaintiff bank he has filed
authorization letter on record it shows that Janata Sahakari Bank Ltd.
Pune authorized Mr.Ravi D. Mondkar to act on behalf of plaintiff bank
as a plaintiff and also authorized to file affidavit in examination in chief
on behalf of plaintiff bank. Therefore, plaintiff wants to amend the suit
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to incorporate name of Ravi D. Mondkar as a plaintiff and also he has
permitted to file affidavit in examination in chief on behalf of plaintiff
bank. The present suit is proceeded exparte against defendant.
Apparently, looking into the facts and circumstances the plaintiff wants
to carry out amendment is formal in nature. Technically for the
execution of decree it is necessary on the part of plaintiff to take step to
incorporate the name of present officer is required to be necessary and
if such type of amendment be permitted to incorporate name of Ravi. D.
Mondkar on title of plaint to the plaintiff. I am of the opinion that no
prejudice would be caused to the case of defendant. Under such
circumstances I come to conclusion that the present application
deserves to be allowed by passing following order.
ORDER
1) Chamber Summons No. 2091/2019 is allowed.
2) Plaintiff is permitted to carry out amendment as per schedule.
3) Plaintiff is directed to carry out amendment forthwith.
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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