Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.2309 OF 2019
IN
S.C.SUIT NO.1075 OF 2014
Punjab & Sind Bank ....Plaintiff
V/s
Mr.Kanhaiya Bhika Bendwal & Ors. ....Defendants
APPEARANCE:
Advocate Sajjad Huseinali Patel for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A.BHOSALE
(COURT ROOM NO. 32)
DATE : 21st December, 2019
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ORDER
Perused Chamber Summons @ affidavit taken out by plaintiff.
Heard Ld counsel for plaintiff Sajjad Huseinali Patel.
It is submitted by the plaintiff he has filed suit against defendant
for recovery of amount of Rs.83,147/. It is submitted that initially in
the year 2014 authorization is issued by the bank in favour of Shri.
Jogindar Pal Singh and accordingly he has filed suit against defendant.
Later on witness Neelam Prem Mani tendered affidavit in examination
in chief she was retired from the service in the year 2016 and another
officer was appointed by bank and accordingly she has tendered
affidavit in examination in chief on behalf of plaintiff bank. It is further
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submitted that plaintiff bank authorized Mrs. Alka Rajiv Singh 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 Mrs.Alka Rajiv Singh 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 of plaintiff. Plaintiff wants to
amend the suit.
I have perused record. Admittedly,initially officer by name Shri.
Jogindar Pal Singh filed suit on behalf of plaintiff as authorized by
plaintiff bank to him to file suit against defendant for recovery of
amount. Later on Neelam Prem Mani tendered affidavit in examination
in chief however, she was retired in the year 2016. However, plaintiff
failed to file authorization letter alongwith Chamber Summons. Plaintiff
wants to amend the suit to incorporate name of Mrs.Alka Rajiv Singh as
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 Mrs.
Alka Rajiv Singh 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. 2309/2019 is allowed.
2) Plaintiff is permitted carry out amendment as per schedule.
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3) Plaintiff is directed to carry out amendment within 14 days.
Date:21/12/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 21/12/2019
Typed on :21/12/2019
H.H.J.Signed on :21/12/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.12.2019 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
21.12.2019
JUDGMENT/ORDER signed by P.O. on 21.12.2019
JUDGMENT/ORDER uploaded on 21.12.2019
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