Date: 14-01-2019
Business: Adv Mr.Rahul Thorat for plff present.
Adv Mrs.Bhoir for BMC/deft. present and given say on draft ch/sum.
Heard arguments of both sides.
K.B..
Later on..
Adv Mr.Rahul Thorat for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Order on draft chamber summons -
The plaintiff wants to add subsequent events in the plaint by way of proposed amendment. The defendant corporation has opposed it on the ground that the plaintiff has to file separate suit. However, the proposed amendment does not change nature of the suit and is necessary for deciding all the questions involved in the suit. Hence, chamber summons is allowed and made absolute in terms of prayer clause (a).
The amendment be carried out on or before next date.
Chamber summons be registered for statistical purposes.
Order on draft Notice of Motion -
Ld advocate for plaintiff has pointed out that the designated officer of the defendant corporation has passed fresh order dated 4/01/2019 in absence of any power of review. He has also invited my attention to order on ad-interim relief dated 12/09/2018 wherein no such direction was given to the designated officer to pass fresh order. According to him, without setting aside order dated 6/09/2018, the designated officer has passed fresh order on 4/01/2019. Therefore, jurisdiction of the designated officer to pass such order in exercise of power of review is under question. The defendant corporation has not filed reply to the notice of motion as such the prayer for ad-interim relief needs to be granted till next date. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date.
On the oral request of Ld advocate for plaintiff notice of motion no.3545 of 2018 is disposed off.
Draft notice of motion be register till next date.
Nature Of Disposal: ALLOWED
Disposal Date: 14-01-2019
