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Bombay High CourtCA/12125/2017admittedallowedgrantedrule absolute

State Bank Of Hyderabad, Branch At Srtmu, Nanded Through It S Branch Manager And Another v. Venkatesh Agro Industries Through It S Partertner Mrs. Deepa Prakash Yerawar And Others

2017-10-10Hon'Ble Shri Justice K. K. Sonawane2 pages

1 905-CA-12125-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 12125/2017 IN CONT. PETITION NO. 702 OF 2015 STATE BANK OF HYDERABAD THR BRANCH MANAGER AND ANOTHER

VERSUS

VENKATESH AGRO INDUSTRIES THR ITS PARTERNER MRS. DEEPA PRAKASH AYERAWAR AND OTHER ...

Advocate for Petitioners : Mr. S.R. Deshpande Advocate for Respondent No. 1 to 4 : Mr. N.T. Tribhuvan ...

CORAM : K.K. SONAWANE, J.

DATED : 10TH OCTOBER, 2017.

Order :- 1.

Heard learned counsel for the applicant-State Bank of India and learned counsel for respondent -contemnor. 2.

Perused the application. It has been submitted that in view of Government Notification dated 22nd February, 2017 (ExhibitA), the applicant-petitioner State Bank of Hyderabad(SBH) has already been merged into the State Bank of India(SBI), therefore, it is necessary to substitute name of applicant State Bank of India on record as applicants-original petitioners. According to learned counsel for the applicants, in view of notification the undertaking of the Transferor Bank(SBH), as it stood before the effective date shall without any further act, instrument or deed, stand transferred to, and vest in, the trasnferee Bank(SBI). Therefore, it is incumbent for the

2 905-CA-12125-17 applicants State Bank of India to pursue the matter against contemnor respondent in future.

3.

In view of reasons mentioned in the application, there is no impediment to allow the applicant- SBI to appear in this matter being original petitioner by requisite amendment as prayed. Hence, application stands allowed in terms of prayer clause "B". The applicants to carry out necessary amendment within two weeks from today.

4.

The civil application is allowed in aforesaid terms and stands disposed of accordingly.

Sd/- [ K. K. SONAWANE ] JUDGE mtk.