Final Order 1

Order Details: Chamber summons
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IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100133/2019
Asit Maganlal Kundaliya Vs MCGM
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
COURT 8 ADDL SESSIONS JUDGE
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