The court allowed an amendment in the interest of justice and framed an additional issue to determine if the Plaintiff-Company's Secretary had authority to institute the suit.
Amendment to the plaint allowed; an additional issue framed regarding the Secretary's authority to institute the suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1435 OF 2005
IN
SUIT NO.1193 OF 1981
WITH
CHAMBER SUMMONS NO.1436 OF 2005
IN
SUIT NO.1487 OF 1981
WITH
CHAMBER SUMMONS NO.1432 OF 2005
IN
SUIT NO.1785 OF 1981
The Great Eastern Shipping
Co. Limited .. Plaintiff.
V/s.
Allahabad Bank & Another .. Defendants.
Mr.N.A. Shah i/b. Rustomji & Ginwala for the
Plaintiffs.
Mr.C.J. Thakkar i/b. Little & Co. for the
Defendants.
Coram : S.R.Sathe, J.
Dated : 30th Nov., 2005
P.C.
1. For the reasons separately recorded, the
amendment is allowed in the interest of justice and
in view of the same the necessary amendment to be
carried out within two weeks. If the plaintiff
wants to lead any additional evidence in view of the
amendment, he is at liberty.
2. Naturally it is necessary to frame
additional issue to that effect. Hence, the
following additional issue is framed.
Whether the Secretary of the
Plaintiff-Company had authority to institute
the present suit.
3. All chamber summons are disposed of
accordingly.
(S.R. Sathe, J.)
1 issue framed by the court
Whether the Secretary of the Plaintiff-Company had authority to institute the present suit.
S.R. Sathe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court