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CHAMBER SUMMONS

New Look Mercantile Company Pvt Ltd And AnrVsMs Shri Shiv Sai Construction Company And Ors

CNR MHCC0100139020182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th October 2018

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100173/2018
Registration Date
24 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1New Look Mercantile Company Pvt Ltd And Anr

    Respondent

    1. 1Ms Shri Shiv Sai Construction Company And Ors

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-03-2018
Business: Adv. Mr. Dilip Sathe for plaintiff present.
He filed registered Ch/sum no. 173/18.
He also filed affidavit of service of ch/sum.
Adv. Ms. Warsi for defendant no. 1,3 and 4 present.
At her request, adjd to 13.4.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-04-2018

Date: 13-04-2018
Business: Adv. Mr. Dilip Sathey for plaintiff present.
None present for defendant.
Defendant is directed to file reply positively on next date.
Adjd to 27.6.2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. Dilp Sathle for Plaintiff present. for defendant present.
Adv. Ms. Varsi for Defendant no. 1,3 and 4.
on oral request of advocate of Defendant adjd for Chamber summons reply.
Adjd. To 18/08/2018 for c/s reply
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Adv. Mr. Saindani for Plaintiff present.
Mr. M. B. Shekhar- representative of defendant present.
On oral request, last chance is granted to defendant to file reply to chamber summons.
Adjd. to 09.10.2018  for reply to chamber summons.
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Adv.Mr.Vikas Saindane for Plff present.
None for defendant
Order below Ch/s No.173/2018
Perused Ch/s supported by an affidavit.  As per order dated 18.08.2018, last chance was granted to the defendant to file reply to Ch/s.  Defendant failed to file reply.  I have gone through the proposed amendment.  Considering the nature of the suit, the proposed amendment is necessary to be incorporated for deciding the real question in contraverse between the parties.  The plaintiff intendes to incorporate the fact which had taken place during the pendency of the suit.  The proposed amendment is not going to change the nature of the suit.  Hence considering the scope of provisions Order VI Rule 17 of theC.P.C.to avoid multiplicity of the proceedings, I pass the following order.
ORDER
1 Chamber summons No.173/2018 is allowed and made absolute in terms of prayer clause (a).
2 The plaintiff to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendants within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 09-10-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 101548/2018
Filing Date: 24-01-2018
First Hearing Date: 13th March 2018
Decision Date: 09th October 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    09 Oct 2018
    Order Details: Other
Pdf Text: 09.10.2018
SU 2269/12
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Mr.Vikas Saindane for Plff present.
None for defendant
Order below Ch/s No.173/2018
Perused Ch/s supported by an affidavit. As per order dated
18.08.2018, last chance was granted to the defendant to file reply to
Ch/s. Defendant failed to file reply. I have gone through the proposed
amendment. Considering the nature of the suit, the proposed
amendment is necessary to be incorporated for deciding the real
question in contraverse between the parties. The plaintiff intendes to
incorporate the fact which had taken place during the pendency of the
suit. The proposed amendment is not going to change the nature of the
suit. Hence considering the scope of provisions Order VI Rule 17 of
theC.P.C.to avoid multiplicity of the proceedings, I pass the following
order.
ORDER
1 Chamber summons No.173/2018 is allowed and made absolute
in terms of prayer clause (a).
2 The plaintiff to carry out the amendment within two weeks and
shall supply the copy of amended plaint upon the defendants
within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Adjd.for compliance on 08.03.2019.
Judge
-- 1 of 1 --
    Order 1
    09 Oct 2018
    Order Details: Other
Pdf Text: 09.10.2018
SU 2269/12
CORAM: H. H. J. SHRI.KISHORE M.JAISWAL (CR. NO. 02)
Adv.Mr.Vikas Saindane for Plff present.
None for defendant
Order below Ch/s No.173/2018
Perused Ch/s supported by an affidavit. As per order dated
18.08.2018, last chance was granted to the defendant to file reply to
Ch/s. Defendant failed to file reply. I have gone through the proposed
amendment. Considering the nature of the suit, the proposed
amendment is necessary to be incorporated for deciding the real
question in contraverse between the parties. The plaintiff intendes to
incorporate the fact which had taken place during the pendency of the
suit. The proposed amendment is not going to change the nature of the
suit. Hence considering the scope of provisions Order VI Rule 17 of
theC.P.C.to avoid multiplicity of the proceedings, I pass the following
order.
ORDER
1 Chamber summons No.173/2018 is allowed and made absolute
in terms of prayer clause (a).
2 The plaintiff to carry out the amendment within two weeks and
shall supply the copy of amended plaint upon the defendants
within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Adjd.for compliance on 08.03.2019.
Judge
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