LAWS(BOM)-1996-8-93

BANK OF BARODA Vs. VORA COMMUNICATIONS CENTRE

Decided On August 02, 1996
BANK OF BARODA Appellant
V/S
Vora Communications Centre Respondents

JUDGEMENT

(1.) THE facts and the legal question involved in three chamber Summonses being similar, they are disposed of by this common order.

(2.) THE above referred three Chamber Summonses are taken out by the Plaintiffs, namely, Bank of Baroda, praying that the heirs of one Himmatlal S.Vora who was the sole proprietor of M/s. Rainbow Hosiery Factory, be brought on record in place and stead of the said deceased Himmatlal S. Vora, and that the Plaintiffs be permitted to carry out consequential amendments in the Plaint as may be necessary and as set out in the Schedule. It is also prayed that the delay, if any, for making the present applications, be condoned, and the abatement of suit, if any, be set aside. There are various other prayers also in the present Chamber Summonses, however, Mr.Samdani who is appearing for the Plaintiffs has stated that he is not addressing the Court on those prayers.

(3.) IN the No.596/95, the deceased Himmatlal S. Vora is arraigned as the sole proprietor of M/s. Rainbow Hosiery Factory, and his name appears at Serial No.4. In Suit No. 3845/95, name of M/s. Rainbow Hosiery Factory and the sole proprietor thereof i.e. Himmatlal S.Vora appears at serial No.4 while Suit No. 727/95 is filed against M/s. Rainbow Hosiery Factory and Himmatlal S.Vora, and their names appear as Defendant Nos. 1 & 2 respectively.