Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1685/19 in Suit No. 514/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1685 OF 2019
(CNR NO. MHCC01-009504-2019)
IN
S. C. SUIT NO. 514 OF 2019
(CNR NO. MHCC01-000516-2019)
Smt. Pramila Bholanath Kocharekar ...Applicant/
(Original Plaintiff)
Versus
The Commissioner, Municipal Corporation of
Greater Mumbai and others ...Respondents/
(Original Defendants)
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 28th FEBRUARY, 2020.
Mr. Vijayprakash Yadav, Advocate for Plaintiff.
Mr. Siddharth, Advocate for Defendants / MCGM.
ORDER
This is a chamber summons taken out by plaintiff for
amendment in plaint and to consider the documents i.e. assessment list,
ration card and change in the policy of the Government.
2. Heard ld. Advocate Vijayprakash Yadav for plaintiff at
sufficient length.
-- 1 of 3 --
Ch/s No. 1685/19 in Suit No. 514/19. 2 Order.
3. Ld. Advocate Siddharth for MCGM resisted the chamber
summons. He added that impugned structure is creating hurdle in
public project. It is added that fresh notice issued by the MCGM cannot
implead in present suit as there is fresh cause of action in view of
another notice and fresh speaking order. It is claimed to reject the
chamber summons and requested for expedite hearing.
4. It is consented by advocate Vijayprakash Yadav for expedite
hearing.
REASONS
5. On perusal of plaint, basic notice dated 29/12/2011 vide
Page No.39 of the plaint is under challenge. Thereafter speaking order
dated 31/12/2018 came to be pronounced without hearing. A fresh
notice was issued on 26/04/2019. It was replied by plaintiff on
03/05/2019. Thereafter, fresh speaking order was issued on
21/06/2019. There is a new policy of the Government dated
07/08/2019. Obviously, the development occurred during pendency of
the suit is necessary to record. It will not change the nature of the suit.
Defendant MCGM is at liberty to file additional W.S., if any. Resultantly,
chamber summons is allowed. Hence the order :
- ORDER -
1. Chamber Summons No. 1685/2019 is made absolute.
2. Plaintiff is at liberty to carry out the amendment within a
week from date of uploading the order.
3. Defendant / MCGM is at liberty to file W.S.
-- 2 of 3 --
Ch/s No. 1685/19 in Suit No. 514/19. 3 Order.
4. Considering urgency mentioned by MCGM, parties to
expedite the hearing.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 28/02/2020. Mumbai.
1. Dictated on : 28/02/2020.
2. Transcribed on : 29/02/2020.
3. Signed on : 29/02/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/02/2020. 5.52 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 28/02/2020.
Judgment/Order signed by P.O. on 29/02/2020.
Judgment/Order uploaded on 29/02/2020.
-- 3 of 3 --