Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2114 OF 2019
IN
SUIT NO.6247 OF 2007
Corporation Bank ....Plaintiff
V/s
1. Laxmikant Gopalbhai Jethwa
2. Vipul H.Dholakia ....Defendants
APPEARANCE:
Advocate Yasmin Sarang for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 8th January, 2020
ORDER
Perused Chamber Summons @ affidavit filed by plaintiff.
Heard Ld counsel for plaintiff Yasmin Sarang.
It is submitted by the plaintiff he has filed suit against defendant
for recovery of amount. It is further submitted that initially in the year
2014 authorization to file suit was issued by the bank in favour of
Shri.P.P. Venkatramana and accordingly he has filed suit against
defendant. Later on witness Girijesh Kumar Jokhu Chaudhary tendered
affidavit in examination in chief. 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. It is further
submitted that plaintiff bank authorized Girijesh Kumar Jokhu
Chaudhary 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 of Girijesh Kumar Jokhu Chaudhary
in the plaint of suit by way of amendment as well as it is necessary for
getting permission to tender affidavit in examination in chief on behalf
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of plaintiff. Plaintiff wants to amend the suit.
I have perused record, admittedly, initially another officer by
name Shri.P.P.Venkatramana filed suit on behalf of plaintiff as
authorized by plaintiff bank to file suit against defendant for recovery
of amount. Later on, Uday Kashinath Khade tendered affidavit in
examination in chief however, he was transferred. Plaintiff wants to
amend the suit to incorporate name of Girijesh Kumar Jokhu Chaudhary
as a plaintiff, 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 Girijesh
Kumar Jokhu Chaudhary as a title of plaint. 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.2114/2019 is made absolute in terms of
prayer clause (a).
2) Plaintiff is directed to carry out amendment within 14 days.
Date:08/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 08/01/2020
Typed on :08/01/2020
H.H.J.Signed on :08/01/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
08/01/2020 at 4.40 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
08/01/2020
JUDGMENT/ORDER signed by P.O. on 08/01/2020
JUDGMENT/ORDER uploaded on 08/01/2020
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