Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.49 OF 2019
CNR NO.:MHCC010003582019
IN
L.C. SUIT NO. 1979 OF 2018
Bhaskar Chandrakant Padman and others ...Plaintiffs
Versus
The Municipal Corporation of Gr. Mumbai and Anr. ...Defendants
And
Asmabai Hasan Ali Electricwala and others ...Applicants
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 19th JULY, 2019.
Advocate Mr. Yadav h/f. Advocate Mr. B.P. Shukla for the Plaintiffs.
Advocate Ms. Manda Loke for defendant No.1/MMC.
Advocate Mr. Pratap Singh for defendant No.2.
O R A L O R D E R
1. Perused. Heard.
2. By this Chamber Summons few of the tenants in a Chawl intend
to join as plaintiffs in a suit, filed by other tenants of the same Chawl,
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: 2: Ch.Sum. N0.49/2019 in L.C. Suit No.1979/2018
challenging the Notice under Section 354 of the Mumbai Municipal
Corporation Act (hereinafter referred to as “the MMC Act” for the sake of
brevity).
3. The Chamber Summons is opposed by the defendants orally on the
ground that the applicants cannot be made coplaintiffs in the suit and
they will have to file independent suit.
4. As a matter of fact, few of the tenants of the Chawl viz.
Sakharwala Chawl have filed the suit challenging the Notice under
Section 354 of the M.M.C. Act, issued by defendant No.1. The applicants
claim to be remaining tenants in the same Chawl, who intend to join as
plaintiffs in present suit.
5. The Chamber Summons is not opposed by the plaintiff.
Considering that, there is same cause of action for the applicants to that
of the cause of action for the plaintiffs and that they have similar interest
in the suit, the Chamber Summons can very well be allowed. This will
not only reduce the multiplicity of litigation, but will also avoid divergent
decisions in similar set of facts, if the applicants are directed to file
separate suit. Hence, the order:
ORDER
1. Chamber Summons No. 49 of 2019 is made absolute in terms of
prayer clause (a).
2. The plaintiffs shall carry out the amendment on or before next
date.
3. Plaintiffs shall serve copy of amended plaint on the defendants and
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: 3: Ch.Sum. N0.49/2019 in L.C. Suit No.1979/2018
shall supply copy of amended plaint to the Court.
4. Costs in cause.
(A.N. MARE)
Judge,
19.07.2019 City Civil Court, Mumbai.
Dictated On : 19.07.2019
Transcribed on : 19.07.2019
HHJ Signed on : 02.08.2019
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: 4: Ch.Sum. N0.49/2019 in L.C. Suit No.1979/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
02.08.2019 03.19 p.m. S.S. POUL (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 09)
Date of Pronouncement of
JUDGEMENT /ORDER
19.07.2019
JUDGEMENT /ORDER signed by
P.O. on
02.08.2019
JUDGEMENT /ORDER uploaded
on
02.08.2019
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