Chennai Water Desalination Ltd. v. Pnb Paribas Bank
5 chs 276-15=.doc FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORIDINARY ORIGINAL CIVIL JURISDICTION.
CHAMBER SUMMONS NO. 276 OF 2015 IN SUMMARY SUIT NO. 2234 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Ishwar Ahuja i/b Thakordas & Madgavkar for the Applicant/Plaintiff None for the Defendant.
CORAM : K. K. TATED, J.
DATED : 22/12/2015.
P.C.:
.
Heard learned Counsel for the Applicant Plaintiff.
The learned counsel for the Applicant Plaintiff submits that defendants are duly served. Inspite of the service, no one appeared on behalf of them, when the matter called out.
Affidavit of service filed by the Plaintiff dated 19.12.2015 is taken on record.
This application is preferred by the Plaintiff for carrying out appropriate amendment in cause title of plaint as well as in pleading showing the defendants name instead of "PNB Paribas Bank" it should be "BNP Paribas Bank".
Sneha Chavan 1/2
5 chs 276-15=.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Chamber Summons, I am satisfied that the Applicant has made out a case for allowing the present Chamber Summons.
Hence, following order is passed:
i) Chamber Summons is allowed in terms of prayer clause (a), which reads thus;
"a) That the Applicant (Ori. Plff) be allowed to amend the cause title of the Plaint and other consequential amendments arising therefrom as per the Schedule-I."
ii) Amendment to be carried out on or before 15.01.2016, failing which the Chamber Summons shall stand dismissed without further reference to the court.
iii) If amendment is carried out within stipulated time as stated hereinabove, applicant plaintiff to take appropriate steps for service on added defendants within six weeks thereafter. iv) Chamber Summons stands disposed of accordingly.
(K.K.TATED, J.) Sneha Chavan 2/2