Smt. Pratibha H. Kothari & Anr. v. Smt. Prathibha H. Kothari & Anr.
Case at a glance
Provisions considered
Key paragraphs
- Para 11. By the present Review Petition the Plaintiff is seeking review of the order dated 16-4-2008 which goes to record that the counsel for the Plaintiff bank is not pressing the Chamber Summons, as the claim in the suit itself has been satisfied. The learned…
Judgment
Smt. Pratibha H. Kothari & anr. .....Defendant Ms. N. V. Desai for the plaintiffs Mr. M.S. Bhandari i/b Ms. Suman Jain for Defendants 1 and 2. CORAM: A.P. DESHPANDE, J. DATED: 02ND JUNE, 2008. P.C.:
By the present Review Petition the Plaintiff is seeking review of the order dated 16-4-2008 which goes to record that the counsel for the Plaintiff bank is not pressing the Chamber Summons, as the claim in the suit itself has been satisfied. The learned counsel for the Plaintiff submits that on the said day there were a group of matters wherein such a statement was made. However, it was not made in the present Chamber Summons No.1785/07 in Suit no. 401/99. In all fairness the learned counsel for the Defendant does not oppose the Review Petition and hence allowing the Review Petition, the impugned order dated 17- 4-2008 in Chamber Summons No. 1785/07 is quashed and set aside. The Chamber Summons thus shall stands restored to file. (A.P. DESHPANDE J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1785 OF 2007 IN SUIT NO. 401 OF 1999 The Sangli Bank Limited ...Plaintiffs versus Smt. Prathibha H. Kothari & anr. .....Defendant Ms. N. V. Desai for the plaintiffs Mr. M. S. Bhandari i/b Ms. Suman Jain for defendants. CORAM: A.P. DESHPANDE, J. DATED: 02ND JUNE, 2008. P.C.:
1. The suit has been filed by Sangli Bank Limited against the defendants claiming money decree together with interest. During pendency of the suit, Reserve Bank of India passed an order on 18-4-2007 allowing the scheme of Amalgamation of section 44A of the Banking Regulation Act 1949. Consequent to the said order, Sangli Bank Limited has been amalgamated with ICICI bank limited (transferee bank). The scheme of amalgamation has come into effect from 19-4-2007. In view of this occurrence of subsequent event, after filing of the suit, the present Chamber Summons has been taken out by the Plaintiff with a view to substitute the Plaintiff “Sangli Bank Limited” by “ICICI Bank Limited”. There is a delay of 94 days in filing of the Chamber Summons and a prayer is also made for condoning the delay. The 3 proposed amendment does not change the nature of the suit nor does it cause any prejudice to the defendant. The learned counsel for the Defendant has no objection to allow the Chamber Summons. In the result, the Chamber Summons is allowed. Amendment to be carried out within two weeks.
(A.P. DESHPANDE,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.