Shapur P. Rao v. W.G. Forge And Allied Industries Ltd., And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.3033/2018 in First Appeal No.1118/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Savita Ganoo a/w. Priyanka I/b. TRD Associates for the Applicant Mr. Mihir Mody a/w. Dhaval Patil I/b. M/s. K. Ashar & Co. for Respondent No.3.

CORAM

: K.K.TATED, J.

DATED : JUNE 3, 2019 P.C.

Heard. The learned counsel for the Applicant submits that the Respondents are duly served by private notice and filed Affidavit of service. The statement is accepted.

By this Civil Application, the Applicant is seeking permission to bring the proposed Respondent i.e. State Bank of India on record in the First Appeal.

The learned counsel for the Applicant submits that during pendency of the 1/3

present appeal, the Respondent State Bank of Patiala has been merged with the State Bank of India. Hence, the present Civil Application.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

The Civil Application is allowed in terms of prayer clauses (a) and (b) which read thus:

"(a) That Applicant be granted leave to amend the memo of appeal and Civil Applications therein and substitute the proposed Respondent, State Bank of India, with State Bank of Patiala (Respondent No.5) in the appeal and Applications therein as per the Schedule I annexed hereto."

b.

Amendment to be carried out on or before 29.06.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c.

The Applicant is directed to provide an amended copy of the First Appeal to the 2/3

Respondent or their advocate immediately thereafter.

d.

If amendment is carried out within stipulated time as stated hereinabove, office to issue notice to the added Respondent in the First Appeal.

e.

Civil Application stands disposed of accordingly.

(K.K.TATED, J.) 3/3