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2019 Supreme(Bom) 25

B.P.COLABAWALLA
In The Matter Between The Liquidator The Maratha Market People's Co-op Bank Ltd (in liquidation) – Appellant
Versus
Jeejaee Estate – Respondent


Advocates Appeared:
For the Petitioners: Mr. V.P. Sawant a/w Mr. Nikhil Patil, Ms. Tanaya Patankar, Mr. V. Kakade, Mr. P.M. Jadhav.
For the Respondents: Mr. V.C. Singh a/w Mr. Vasant Dhawan, Mr. Sanjay Kadam, Apeksha Sharma, Sanjil Kadam, Sayalee Rajapurkar i/b Kadam and Co.

JUDGMENT :

1. This Chamber Summons has been filed by the Applicant who is the original Plaintiff seeking amendment of the plaint as per the schedule annexed to the Chamber Summons. The Plaintiff is the Liquidator of the Maratha Market People's Co-op Bank Ltd and who has instituted the present suit.

2. It is the case of the Plaintiff that after filing of the present suit, the Plaintiff learnt that certain documents are relevant to the subject matter of the present suit and controversy between the parties. The Plaintiff, therefore, seeks to amend the plaint by adding certain new facts which have now come to light and are important for the outcome of the present suit. It has been further stated that the Plaintiff only recently (i.e. sometime in March 2017), and during the course of investigations, came across certain information which indicated that the suit property was the ownership property of the Plaintiff bank (and which is now in liquidation). Accordingly, the Plaintiff made an application on 7th June, 2017 for the relevant land records and from these records it was revealed that the Plaintiff bank became the owner of the suit property pursuant to a deed of conveyance dated 27th M





























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