London Star Diamond Co. (India) Pvt. Ltd. v. Kamlesh S. Jhaveri And 12 ORS.

K.S. Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4553 OF 2022 IN COMMERCIAL SUIT NO.2 OF 2021 London Star Diamond Co.(India) Pvt. Ltd. & Ors., ...Applicants/ Plaintiffs

Versus

Oriental Bank of Commerce & Ors., ...Defendants ---------- Ms. Sneha B. Pandey i/b Motiwalla & Co., Advocate for Plaintiffs/Applicants.

---------- CORAM : R.I. CHAGLA J.

DATE : 18TH JANUARY, 2023.

ORDER :

1.

By this Interim Application, the Applicants/Plaintiffs are seeking permission to amend the Plaint, Vakalatnama, Synopsis, Interim Application No.8 of 2020 etc. as per the Schedule of Amendment annexed to the Interim Application. Further, condonation of delay in filing Interim Application has been sought. 2.

The Applicant has stated that the Defendant No.1 has amalgamated with Punjab National Bank under the Scheme of 1/3

Amalgamation which has been referred in Paragraph 3 of the Interim Application which has been published in the Gazette of India dated 4th March, 2020 by a Press Release dated 28th March, 2020 issued by Reserve Bank of India which states that with effect from 1st April, 2020 all branches of Oriental Bank of Commerce (Defendant No.1 herein) and Union Bank of India will function as branches of Punjab National Bank. Accordingly, the present Interim Application has been taken out.

3.

Having perused the averments in the Interim Application as well as the proposed amendments mentioned in the Schedule annexed to the Interim Application, a case is made out for grant of relief sought for in the Interim Application. Hence, the following order is passed :

i) The Applicant/Plaintiff is permitted to amend the Plaint, Vakalatnama, Synopsis, Interim Application No.8 of 2020 as per Schedule annexed to the Interim Application. ii) The amendment shall be carried out within a period of three weeks from the date of this order.

iii) Re-verification is dispensed with.

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iv) The amended Plaint and Interim Application shall be served on the Defendants simultaneously upon carrying out of the amendment.

v) Interim Application is accordingly disposed of. [R.I. CHAGLA J.] 3/3