Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.93 OF 2019
IN
SUIT NO.18 OF 2018
Nitin Gulab Ghoil ...Plaintiff.
V/s.
Ravishankar Babu ...Defendant.
Appearances:
Ld. Adv Ms.Kavita Lalwani for plaintiff.
CORAM : HIS HONOUR JUDGE
SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.20)
DATED : 20th April,2019
ORDER
By way of this chamber summons plaintiff prayed that they be
allowed to add the new address of defendant as per schedule attached
to the chamber summons.
2. In supporting affidavit plaintiff submitted that he is carrying
business under the name and style of Laxmi Krupa Money Lenders. He
filed suit for recovery of Rs.1,64,625/ with interest @ 18% per annum
against defendant on the basis of demand promissory note
dt.22.04.2017 signed by defendant. Writ of summons issued against
defendant, but it was returned with remark “insufficient address”. Now
plaintiff has come to know about the new address of defendant, as
mentioned in the schedule of chamber summons. Therefore, plaintiff
prayed that they be permitted to add the new addresses in the title
clause of defendant and fresh writ of summons be issued for completing
service.
MHCC01-000584-2019
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CS 93/2019 .. 2 .. Suit No.18/2018
3. Service of this chamber summons was tried to be served upon
defendant. However, none appeared on behalf of defendant. Therefore,
chamber summons has been proceeded without reply of defendant.
4. Heard learned Advocate Mrs.Kavita Lalwani for plaintiff. Perused
the record and submission.
5. Admittedly suit is filed for recovery of sum against defendant
based on demand promissory note executed by defendant. Plaintiff tried
to serve the defendant, but due to insufficient address service could not
be completed. Therefore, plaintiff came with the new addresses of
defendant to complete the service and prayed to add the same in the
title clause of plaint. If it is allowed, it cannot harm or prejudice to
defendant or change the nature of suit. Even bar of commencement of
trial is not come into picture. Therefore, as soon as the new address of
defendant came to knowledge plaintiff moved this chamber summons
for necessary order. Hence, for proper adjudication of the matter the
correct address of plaintiff is necessary to be inserted in the title clause
of plaint. In such circumstance, it is proper to direct parties to bear
their costs and hence, I proceed to pass the following order :
O R D E R
1. Chamber Summons No.93 of 2019 in Suit NO.18 of 2018 is
made absolute.
2. Plaintiff is permitted to carry out the amendment as per
schedule within 14 days from this order.
3. After amendment copy of amended plaint be placed on
record and it be served on defendant along with necessary
documents with fresh writ of summons.
4. Parties to bear their costs.
( ABHIJEET A. NANDGAONKAR )
Judge, (C.R.No.20)
Dt.: 20/04/2019 City Civil Court, Gr. Mumbai
Dictated on : 20.04.2019
Transcribed on : 20.04.2019
Signed on : 20.04.2019 kps/
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CS 93/2019 .. 3 .. Suit No.18/2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.04.2019 at 5.45 p.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 20.04.2019
Judgment/order signed by P.O. on 20.04.2019
Judgment/order uploaded on 20.04.2019
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