Final Order 1

Order Details: Chamber summons
Pdf Text: ORDER ..1.. CS NO. 245 OF 2019
MHCC010012702019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 245 OF 2019
IN
S.C.SUIT NO. 215 OF 2015
Maharashtra State Amateur Aquatic Association ...Plaintiff
Versus
Swimming Federation of India and others. … Defendants.
Advocates
Jinsiwale for the plaintiff.
Anushaka for defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 7th April 2022.
ORAL ORDER
Heard advocate for both parties on chamber summons moved on
behalf of the plaintiff for amendment of the plaint under Order 6, Rule
17 of the C.P.C. Defendants filed reply to chamber summons.
2. Contention of advocate for the plaintiff is that as per
Memorandum of Association, election of the plaintiff was conducted on
28.10.2018. Change Report regarding newly elected body of the
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ORDER ..2.. CS NO. 245 OF 2019
plaintiff Association was submitted to the Charity Commissioner. Suit is
filed by the then Secretary of the plaintiff. In view of change in body of
the plaintiff, it is necessary to incorporate name of new elected
Secretary in the plaint. This Court passed order dated 22.05.2018 and
preliminary issue under section 9A of the C.P.C. is framed. Defendant
no.3 challenged said order by way of Appeal from Order. Hence he
prayed for allowing the chamber summons on the ground that all these
subsequent events happened during pendancy of the suit.
3. Contention of advocate for defendants is that the Association by
the name of the plaintiff has already been disaffiliated and/or does not
exist. Hence, the suit becomes infructuous. Accordingly Chamber
summons is not tenable. Hence prayed for dismissal of chamber
summons.
4. Perused the record. From the perusal of record, it appears that
this Court allowed NM NO.3415/2017 filed by defendants by order
dated 22.05.2018 and preliminary issues under section 9(A) of the
C.P.C. is framed. Suit is filed in the year 2015. Election of the plaintiff
Association was conducted on 28.10.2018 and Change Report was
submitted to the Charity Commissioner. Hence there is change in the
body of plaintiff association. All these facts are subsequent events after
filing of the suit. These facts are not disputed by defendants. However,
they claims that Association by name of the plaintiff has already been
disaffiliated so far as defendant no.1 and 2 is concerned. It is a matter
of trial whether the plaintiff has locus standi to file the suit or continue
with the suit.
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ORDER ..3.. CS NO. 245 OF 2019
5. Preliminary issues is already framed in the year 2018. Hence
defendants can avail opportunity to prove the preliminary issues but for
cross-examination of defendants also proposed amendment is required.
All other contentions raised in reply to chamber summons are defence
of defendants. As the proposed amendments are due to subsequent
events after filing of the suit, chamber summons can be allowed to
decide the real controversies between the parties. Trial is not yet
commenced. No prejudice would be caused to defendants as they can
amend their written statement or file additional written statement.
Under the facts and circumstances, following order.
ORDER
1. Chamber summons is allowed in terms of prayer clause (a)
and (b).
2. Plaintiff to carry out amendment as per schedule of
chamber summons within 14 days from the date of this order and serve
copy of amendment plaint on defendants before next date.
(Sunil T. Soor)
Judge
City Civil Court, Gr.Mumbai
Date : 07.04.2022
Typed on : 07.04.2022
HHJ signed on : 07.04.2022
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ORDER ..4.. CS NO. 245 OF 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 07.04.2022, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
07.04.2022
JUDGMENT/ORDER signed by P.O.
on
07.04.2022
JUDGMENT/ORDER uploaded on 07.04.2022
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