Final Order 1

Order Details: Other
Pdf Text: 17/01/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
Suit 336/17 Adv. Vimala Gupta for plaintiff present.
@ NM 543/17 Adv. Rushil Aiya for defendant present.
@ CS 66/18 Plaintiff files additional affidavit in NM.
Kept back.
Later on.
Adv. Dhamal with Adv. Vimla Gupta for plaintiff present.
He tenders original CS No.66/18.
Both the Counsels are ready to argue on CS.
Heard both sides on CS No.66/18.
By this chamber summons Ld. Counsel for plaintiff prays to
amend the plaint by adding proposed para Nos.12A to 12D after
para12 and prayer clause (a)1 before prayer clause (a) in the
plaint.
Ld. Counsel for the defendant opposed. Perused the application
and the record. Since the hearing in the suit is not started and the
proposed amendment will not change the nature of the suit, and
in the proposed amendment the relief for declaration for the
same subject matter is sought, in order to avoid multiplicity of
proceedings, I pass the following order
O R D E R
1. Chamber summons No.66/18 is allowed in terms of prayer
clause (a).
2. Amendment be carried out within 14 days and amended
copy be served on the other side.
3. Plaintiff to deposit the necessary Court fees.
Heard arguments of Ld. Counsel for plaintiff on NM.
Both the parties are ready to go for mediation.
Parties are directed to appear before Ld. Judge Shri M.G.
Deshpande (C.R.No.52) on 20/01/2018 at 3.00 p.m.
Adjd. to 24/01/2018 for mediation report.
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Principal Judge,
Gr. Mumbai.
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