Bank Of India v. Official Liquidator H.C. Madras Liquidator Of J. K. Pharmachem Ltd And Uti Trustee Co Pvt And ANR (

chs 581 of 2016 (934).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.581 OF 2016 IN SUIT NO.3409 OF 2002 UTI Trustee Company Pvt. Ltd.

acting through UTI Asset Management Co. Ltd. and Anr.

...

Applicants and Bank of India ...

Plaintiff versus The Official Liquidator attached to Madras High Court being the Liquidator of M/s. J.K.Pharmachem Ltd. ( in Liqn. ) and Ors.

...

Defendants Mr. O.A.Das, for Plainitff.

Mr. Rohaan Cama with Ms. Sapna Raichure i/by M/s. T.N. Tripathi and Co.,for Applicant to CHS.

Ms. Anagha Kharade i/by M/s. Thakore Jariwala and Co.,for Defendant No.1. Ms. J.D'Silva, for Defendant No.3.

CORAM: S.J. KATHAWALLA, J.

DATE: 14 th JUNE, 2016 P.C.:

1.

Heard the learned Advocates for the parties. Perused the Chamber Summons and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clauses (a) and (b), which are reproduced hereunder : "(a)that the name of Defendant No.2 be strucked out and Applicants be joined and substituted in its place as Defendant Nos.2(a) and 2(b) ssp 1/2

chs 581 of 2016 (934).sxw as successors of Defendant No.2 in Suit No.3409 of 2002; (b)that the Plaintiff be ordered and directed to carry out amendments in the papers and proceedings in Suit No.3409 of 2002 as per Schedule annexed hereto and marked Exhibit A;" 2.

All contentions of the parties are kept open. Amendments to be carried out as per the Schedule annexed to the Chamber Summons within two weeks from today. Consequential amendments to be carried out even in the pending Notice of Motion. The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2