1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1945 OF 2009 IN SUIT NO.2262 OF 1984 Khandelwal Laboratories Pvt. Ltd. ..Plaintiffs. Vs. Dena Bank. ..Defendant. Mr.Dilip Rai i/by Bharat Shah & Co. for the Plaintiffs. Mr. Deepak Das i/by M.V.Kini & Co. for the Defendants. CORAM : R.S. MOHITE, J. DATE : 15th June, 2010 PC : 1 This is a chamber summons taken out by the original defendant for drafting an additional issue which is as follows: Whether the plaintiffs prove that there is no contributory negligence on the part of the plaintiffs in the entire transaction of opening the account with Dena Bank and siphoning away the money by misusing the cheque standing in the name of the plaintiff? 2 Additional issue as suggested does not arise as it was not the case of the plaintiffs that there was any contributory 2 negligence on their own part. Question of plaintiffs therefore, proving this aspect does not arise. It is noticed that issues in this matter were settled by this court long back and the evidence is commenced and the cross examination of the plaintiff’s witness is going on is another aspect of the matter. Chamber Summons is therefore, dismissed. (R.S. MOHITE, J.)