L And T Finance Limited v. Dwarika Yadav And ANR.

36 chs923-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.923 OF 2017 IN CHAMBER SUMMONS NO.1092 OF 2014 IN EXECUTION APPLICATION NO.737 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms.Nikita Pawar i/b M/s.S.I.Joshi and Co. for the applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 10, 2017 P.C.:

1.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

2.

Heard the learned counsel for the applicant.

3.

The learned counsel for the applicant submits that by this Chamber Summons applicant Claimant is seeking to delete prayer clause (b) to the Chamber Summons No.1092 of 2014 and to add prayer 2(A) in affidavit in support of Execution Application.

4.

Considering the submissions made by the learned counsel for the Applicant and the affidavit Mohite 1/2

36 chs923-17 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:

A) Chamber Summons is allowed in terms of prayer clause (a) which reads thus:

"(a) that the Plaintiffs be permitted to carry out the amendment as per the Schedule annexed to the Chamber Summons along with consequential amendments."

B) Amendment be carried out on or before 3.11.2017 failing which the Chamber Summons shall stand dismissed without further reference to the court.

C) Chamber Summons stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2