Prashant Prakash Baid v. Union Bank Of India, Chandrapur Through Its Branch Manager, Chandrapur

12-wp-8600-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 8600 of 2022 Prashant Prakash Baid

Versus

Union Bank of India, Branch Manager, Chandrapur, Dist. Chandrapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A.Dhawas, Advocate for the petitioner. CORAM : ANIL S. KILOR, J.

DATED : 1st MARCH, 2023.

Heard.

2.

Leave to amend title cause is granted.

3.

Amendment be carried out forthwith.

4.

Order below exhibit 20 dated 11th April, 2022, passed by Extra Joint Civil Judge, Senior Division, Chandrapur in Special Civil Suit No. 95 of 2017, is under challenge in this writ petition. 5.

After going through the record it is evident that by way of amendment, the petitioner wants to introduce the counter claim with addition of certain parties. It is further evident that in the proposed counter claim, no relief is claimed against the plaintiff SKNair

12-wp-8600-22.odt but it is claimed against the third person against whom the petitioner can maintain a separate suit.

6.

Thus, in absence of any relief claimed against the plaintiff in the proposed counter claim, the rejection of amendment by the trial Court is just and proper and therefore, no perversity is noticed in the same. Hence, the writ petition is dismissed. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2023.03.09 10:29:24 +0530 SACHINDANAND K NAIR SKNair