Final Order 2

Order Details: Chamber summons
Pdf Text: 1 CS No.22919 IN SUIT No.286918
MHCC010012222019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.229 OF 2019
IN
L.C. SUIT NO. 2869 OF 2018
Kasan Khalid Ghaswala ] ...Plaintiff.
Versus
Brihan Mumbai Electric Supply
& Transportation Undertaking ]…Defendants.
Appearance:
Ld. Advocate Abhishek Tripathi for Plaintiff.
Ld. Advocate Yasmin Sarang for Defendant.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 24/11/2022
ORAL ORDER
1) Plaintiff has taken out present chamber summons for allowing
him to carry out amendment as per schedule.
2) Perused the chamber summons, affidavit in support of chamber
summons, affidavit in reply of the defendant and record. Heard arguments
advanced by Ld Advocate for plaintiff and Ld Advocate for defendant.
3) Ld Advocate for plaintiff argued that by the proposed
amendment plaintiff wants to incorporate subsequent events which
transpired after filing of the present suit. By the proposed amendment
plaintiff wants to challenge the notice issued by defendant dtd.12/12/18
and wants to incorporate the additional prayers in respect of the above
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2 CS No.22919 IN SUIT No.286918
notice. The proposed amendment is in the nature of explanation and
plaintiff wants to introduce certain documents. The proposed amendment is
not likely to change the nature of suit and it is necessary for deciding real
controversy between the parties. Therefore, Ld. Advocate for plaintiff
prayed that chamber summons be made absolute.
4) On the other hand Ld Advocate for defendant argued that
plaintiff filed the present suit for permanent injunction restraining
defendant from disconnecting the suit electricity connection without
following procedure established by law. The proposed amendment will
change the cause of action and the nature of the suit. The proposed
amendment is not necessary for deciding the real matter in controversy
between the parties. Plaintiff wants to protract the matter. Therefore, Ld.
Advocate for defendant prayed that chamber summons be dismissed.
5) From the matter on record it appears that plaintiff filed the
present suit for simplicitor injunction restraining defendant from
disconnecting the suit electricity connection without following procedure
established by law. From the matter on record it appears that plaintiff filed
the present suit on 30/10/18. From the schedule of the amendment it
appears that by the proposed amendment plaintiff wants to introduce
subsequent events transpired during the pendency of the suit about issuance
of notice dtd.12/12/18 for disconnection of the suit electricity connection
by defendant and plaintiff wants to add certain prayers in view of issuance
of above notice. It appears that by the proposed amendment plaintiff wants
to introduce certain documents. The proposed amendment also appears in
the nature of explanation. Considering the nature of the suit for deciding
the real controversy between the parties and for avoiding multiplicity of the
suits the proposed amendment is necessary. The proposed amendment is
not likely to change the nature of the suit. No prejudice is likely to be
caused to defendant if the proposed amendment is allowed. It is settled
proposition of law that pretrial amendments are to be allowed liberally.
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3 CS No.22919 IN SUIT No.286918
Therefore, there appear no substance in the objection of the defendant.
6) Considering the matter on record and above discussion the
present chamber summons deserves to be made absolute. Hence, court
proceeds to pass following order:
ORDER
1) Chamber Summons No. 229 of 2019 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 07 days
from the date of this order.
3) Chamber Summons No. 229 of 2019 is disposed off accordingly.
Date : 24/11/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :24/11/2022.
Typed on : 25/11/2022.
Checked on :25/11/2022.
Signed on:25/11/2022.
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4 CS No.22919 IN SUIT No.286918
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/11/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
24/11/2022
JUDGMENT/ORDER signed by P.O.
on
25/11/2022
JUDGMENT/ORDER uploaded on 25/11/2022
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