Final Order 1

Order Details: Chamber summons
Pdf Text: CS 51 of 2019 in Suit No. 806 of 2010 1 Date :10.12.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 51 OF 2019
IN
SUIT NO. 806 OF 2010
(CNR MHCC01-000362-2019)
Smt. Shobhana Sahadev Shah .. Plaintiff
Versus
City Limouzines (India) Ltd. & Ors. .. Defendants
Appearances :-
Ld. Adv. Kavita A. Shah for plaintiff.
Ld. Adv. Arunkumar Gunaskaran for defendant no. 4.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 10.12.2020
ORDER
1. The plaintiff has filed instant Chamber Summons for
amendment in the plaint as per schedule. It is contended by the
plaintiff that, she has filed suit for declaration that, the defendant
no. 4 is in illegal and unlawful possession of the suit vehicle with
other consequential relief including relief of damages.
2. It is contended by the plaintiff that, she has purchased the
suit vehicle on loan from defendant no. 3, Bank. The plaintiff
regularly paid installment amount to the defendant no. 3 Bank.
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CS 51 of 2019 in Suit No. 806 of 2010 2 Date :10.12.2020
However, after the suit vehicle was taken in possession by
defendant no. 4, the plaintiff entered into the settlement with
defendant no. 3 Bank and thus, paid an amount of Rs. 38,81,000/-
and thereafter, the defendant no. 3 was deleted from the array of
defendant.
3. It is contended by the plaintiff that, she has already prayed
for damages, but could not quantify the damages which was
quantified by her when the compromise took place with defendant
no. 3. Thereafter, she has immediately filed the present Chamber
Summons for amendment of plaint for quantifying damages.
4. It is contended by the plaintiff that, she has already prayed
for relief of damages. Therefore, there is no change in cause of
action. But, amendment is consequential in nature for substantive
relief claimed in the plaint. Hence, she prayed for allowing the
present Chamber Summons.
5. The Chamber Summons is opposed by the defendant no. 4
by filing reply. The defendant no. 1 and 2 are already proceeded
ex-parte. The defendant no. 4 opposed Chamber Summons on the
ground of delay and latches. It is contended by the defendant no.
4 that, there is a delay of more than 10 years in preferring the
present Chamber Summons. Hence, same deserves to be dismissed
with cost.
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CS 51 of 2019 in Suit No. 806 of 2010 3 Date :10.12.2020
6. Heard both the sides. Perused Chamber Summons, reply as
well as pleadings in the plaint. It is the specific case of the plaintiff
that, she has leased out the suit vehicle to the defendant no. 1 on
monthly lease rent. However, the said suit vehicle was found in
the possession of the defendant no. 4, which is nothing but illegal
possession of defendant no. 4. The plaintiff contended that, full
and final settlement arrived at with the defendant no. 2 and 3 by
paying Demand Draft dated 06.10.2017 which was paid on
26.11.2017, and thereafter, name of defendant no. 3 was deleted.
7. I have perused the prayer clause of the plaint, wherein at
prayer clause (c), the plaintiff specifically claimed damages and
losses, which shows that, the plaintiff specifically claimed
substantive relief of damages. In my view, quantifying amount of
damages would not change the nature of the suit. In my view, the
proposed amendment is consequential to the main relief prayed by
the plaintiff. Hence, there would be no harm if, said amendment
would be allowed. Thus, I proceed to pass the following order.
ORDER
1. Chamber Summons No. 51 of 2019 is hereby allowed in
terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment as per schedule
within 14 days from the date of order.
3. The Registrar to quantify the additional Court Fee payable
after the amendment of the plaint and plaintiff to pay
necessary Court Fee.
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CS 51 of 2019 in Suit No. 806 of 2010 4 Date :10.12.2020
4. Plaintiff to bear cost of present Chamber Summons.
5. Chamber Summons No. 51 of 2019 is disposed of
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 10.12.2020 Greater Bombay.
Dictated on : 10.12.2020
Typed on : 10.12.2020
Draft Submitted on : 10.12.2020
Checked on : 10.12.2020
Signed on : 10.12.2020
Uploaded on : 10.12.2020
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CS 51 of 2019 in Suit No. 806 of 2010 5 Date :10.12.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
10/12/2020 at 3.15 p.m. (Ms. V. V. Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
10/12/2020
JUDGMENT/ORDER signed by P.O.
on
10/12/2020
JUDGMENT/ORDER uploaded on 10/12/2020
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CS 51 of 2019 in Suit No. 806 of 2010 6 Date :10.12.2020
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