Veer Mercantile Private Limited v. Punjab And Sind Bank

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2022.09.27 18:12:28 +0530 34 chscd 527 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO.527 OF 2018 IN COMMERCIAL SUIT NO.155 OF 2015 Veer Mercantile Pvt. Ltd.

...

Applicant/Plaintiff

Versus

Punjab and Sind Bank ...

Defendant Mr. Hamed Kadiani with Mr. Hamza Lakhawi i/by Kavisha Shah, for Applicant/Plaintiff.

Mr. Husain Shahid Husaini, for Defendant.

CORAM: N.J.JAMADAR, J.

DATE:

th SEPTEMBER, 2022 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The Applicant/Plaintiff has taken out this Chamber Summons to amend the Plaint so as to incorporate the change in the cause title of the plaint consequent to change in the name of the Plaintiff's company. 3.

The Application is supported by the Certificate of Incorporation pursuant to the change of name issued by the Registrar of Companies. As the proposed amendment is essentially consequential to the change in the name of the company, no prejudice whatsoever is likely to be caused to the Defendant. 4.

Hence, the Chamber Summons is made absolute in terms of prayer clauses (1) and (2).

SSP 1/2

34 chscd 527 of 2018.doc 5.

The Plaintiff shall carry out necessary amendment in accordance with the Schedule appended to the Chamber Summons within a period of three weeks and serve amended copy of the Plaint on the Defendant within one week thereafter. 6.

Chamber Summons accordingly stands disposed.

COMM. SUMMARY SUIT NO.155 OF 2015 1.

The learned Counsel for the Defendant states that the Defendant does not wish to file additional written statement to the amended plaint. 2.

The statement is accepted.

3.

The learned Counsel for the Plaintiff seeks further time to file Affidavits along with a compilation of documents.

4.

The Plaintiff shall file an Affidavit in lieu of examination in chief of the Plaintiff's first witness, Affidavit of Documents and the compilation of documents within a period of four weeks and serve copies thereof on the Defendant. 5.

The Defendant shall make a statement of admission and denial of documents within two weeks of being served with the Affidavit in lieu of examination in chief, Affidavit of documents and compilation of documents and complete discovery and inspection.

6.

List on 15 th November, 2022.

( N.J.JAMADAR, J. ) SSP 2/2