Shelter Makers (I) Pvt Ltd v. Allahabad Bank
by JITENDRA SHANKAR NIJASURE Date:
2022.08.26 17:02:39 +0530 JITENDRA SHANKAR NIJASURE jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.3322 OF 2022 WITH INTERIM APPLICATION NO.3828 OF 2022 IN COMS SUIT NO.1443 OF 2019 Shelter Makers (I) Pvt. Ltd.
...Applicant/ Plaintiff
Versus
Allahabad Bank ...Defendant ---------- Shubro Dey with Sampada Junnare i/b. Ajinkya Badar for the Plaintiff.
---------- CORAM : R.I. CHAGLA J.
DATE : 24TH AUGUST, 2022.
ORDER :
1.
Heard learned Counsel for the Applicant / Plaintiff. 2.
By this Interim Application the Applicant is seeking permission to amend the cause title in the Suit in terms of the schedule annexed at Exhibit A to the Interim Application. 1/3
3.
The Applicant has stated that the original Defendant Allahabad Bank has merged into Indian Bank on 1st April, 2020 and the interest rates of Indian Bank are now applicable on Allahabad Bank. Accordingly, the Applicant has taken out this Interim Application to change the name of the Defendant from Allahabad Bank to Indian Bank as mentioned in the schedule of amendment. 4.
Having perused the Interim Application and the submissions of the learned Counsel for the Applicant / Plaintiff, a case is made out for grant of relief as sought for in the Interim Application. Hence the following order:- (i) The Applicant is permitted to carry out amendment in the cause title of the Plaint filed in the Suit in terms of the schedule annexed at Exhibit A to the Interim Application. (ii) Amendment shall be carried out within a period of two weeks from the date of this Order. Re-verification is dispensed with.
(iii) The time of issuance of Writ of Summons is extended by period of three weeks after the amendment.
2/3
(iv) The Interim Application No.3322 of 2022 is disposed of in the above terms.
(v) The learned Counsel for the Applicant has sought leave to withdraw the Interim Application No.3828 of 2022. Accordingly, the Interim Application is disposed of as withdrawn. [R.I. CHAGLA J.] 3/3