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2018 Supreme(Cal) 428

I.P.MUKERJI, MD.MUMTAZ KHAN
VCK Share and Stock Broking Services Ltd. – Appellant
Versus
Bank of Rajasthan Ltd. – Respondent


Advocates Appeared:
For the Appellant : A.K. Mitra, Sr. Adv., Nirmal Bhattacharya, Asif Ali, Brajesh Jha, Saurav Kr. Mukherjee
For the Respondent: T.K. Bose, Sr. Adv., S. Deb, Propa Ganguly

JUDGMENT :

I.P. MUKERJI, J.

1. Some 12 years after institution of the suit, the appellant plaintiff took out an application (GA 3115 of 2011) to effect some amendments to the plaint. By this passage of time the respondent Bank of Rajasthan Ltd. became ICICI Bank. The substitution of the name of the respondent ICICI bank was also sought and readily granted by the court. Reference to the respondent bank include the Bank of Rajasthan and ICICI bank, as applicable to the context.

2. There were other controversial amendments proposed by the plaintiff/appellant which were opposed by the respondent.

3. The application was heard before Justice Patherya and finally judgment was delivered on 11th July, 2014 partly allowing the application. Both the parties, are aggrieved by this judgment and order. The appellant/ plaintiff appeals to this court. The respondent has filed a cross-objection, challenging it.

4. The question which arises in this case is whether the appellant/plaintiff could claim the accruals from the pledged shares like bonus shares, dividend etc, twelve years after institution of the suit by amending the claim. Undoubtedly a suspicion will occur in the mind of any reasonable person































































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