Order 1

Order Details: Chamber summons
Pdf Text: Draft CS in L.C. SU.288/19 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
ORDER BELOW DRAFT CHAMBER SUMMONS
in
L.C. SUIT NO. 288 OF 2019
(CNR NO.:-MHCC01-001271-2019)
1
Chandrika Amrutlal Gorji
Aged about 60 years, an adult Indian Inhabitant,
residing at 101-B, Indrabhuvan, 101, Walkeshwar
Road, near White House, Mumbai-400 006.
2
Kavita Bhavesh Patel
Aged about 42 years, an adult Indian Inhabitant,
residing at A/26, Shree Baba Nagar, St. Peter
Road, Bandra (West), Mumbai-400 050.
3
Alpa Bankim Gogri
aged about 40 years, an adult Indian Inhabitant,
residing at A/26, Palan Sojpal Building, S.K. Bole
Road, near Antonio D’Silva School, Dadar (West),
Mumbai- 400 028.
....Applicants
IN THE MATTER BETWEEN:-
Amrutlal Maganlal Gorji
aged about 69 years, an adult Indian Inhabitant,
residing at 1st floor Indrabhuvan, C.S. No.284
(New Survey No.7290) 101, 101A and 101S,
Walkeshwar Road, Mumbai 400 006
....Plaintiff
Versus
Municipal Corporation of Greater Mumbai having
its office at Mahapalika Bhavan, Mahapalika
Marg, Opp. C.S.T.M. Fort, Mumbai 400 001 and
having its D Ward office at the office of the
Assistant Municipal Commissioner, D Ward office
building Jobanputra Compound, Mumbai 400
007.
....Defendant
And
Amita Anand Sharma
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Draft CS in L.C. SU.288/19 2
aged about 36 years, an adult Indian Inhabitant,
having permanent address at 69/301, Madhav
Tower, MTNL Road, Shanti Park, Mira Road
(East), Thane-401 107 and presently at 163A,
Lincoln Street, Jersey City, New Jersey-07307
....Respondent
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 8th February, 2021.
Appearance:-
Advocate Dilip Satale for Applicant/plaintiff.
Advocate Soraan for Defendant/MCGM.
ORAL ORDER
1) Applicants submitted this draft Chamber Summons for
bringing on record the legal representatives of the deceased plaintiff.
2) It is contended that plaintiff died on 01/01/2021.
Applicants No.1 & 2 are the legal heirs of the same. The Chamber
Summons is supported with affidavit of the applicants.
3) On behalf of MCGM by filing say the Chamber Summons
is objected.
4) Perusal of contents of Chamber Summons and affidavit it
shows that said contents are supported by the death certificate Exh. A.
It appears that it is necessary to bring on record Chamber Summons
of the deceased for proper adjudication of the suit. I don’t find any
serious reason to reject this Chamber Summons. Defendant is at
liberty to cross-examine witnesses on the point of objection raised by
the same.
5) Considering peculiar facts and circumstances I procced to
pass following order in the interest of justice.
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Draft CS in L.C. SU.288/19 3
ORDER
1) Draft Chamber Summons stands allowed &
dispoed off.
2) The said legal heirs be brought on record within
14 days from the date of this order.
3) The Chamber Summons be registered for
statistical purposes.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated on : 08/02/2021.
Checked on : 08/02/2021.
Signed by HHJ on : 08/02/2021.
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Draft CS in L.C. SU.288/19 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/02/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
08/02/2021.
JUDGMENT/ORDER signed by P.O.
on
08/02/2021.
JUDGMENT/ORDER uploaded on 09/02/2021.
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