Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum.199/18 in L.C.Suit No.958/14
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.199 OF 2018
IN
L.C. SUIT NO.958 OF 2014
Nimesh J. Patel
Age 49 years, Occ. Business,
Hindu Indian Inhabitant,
Residing at Joysagar Building,
6th floor, North South road No.4,
Vile Parle (W), Mumbai – 400 056.
Partner of M/s Sarvodaya
Engineering Company, a registered
Partnership Firm carrying on its
business at Shed/Gala/Structure
situated on C.T.S. No.66 (Pt.),
Bharat Coal Compound,
Near Bail Bazar,Kurla (west),
Mumbai – 400 070. Plaintiff.
V/s.
1. Municipal Corporation of Greater Mumbai,
a body Corporate, appointed as
the planning authority under the
Provisions of Maharashtra Regional
Town Planning Act, having its office
at Mahanagarpalika Marg,
Mumbai – 400 001, through its
Assistant Engineer (B&F),
“L” Ward, Municipal office,
1st Floor, L.Y. Market Building,
S.G. Barve Marg, Kurla (W),
Mumbai – 400 070.
2. Rani Rajaram Chavan
of Mumbai Indian Inhabitant,
Sole Proprietor of M/s R.R.
Enterprises, having office at
225, Sheetal Cinema Building,
L.B.S. Marg, Kurla (West),
Mumbai – 400 070. Defendants.
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:2: Ch/Sum.199/18 in L.C.Suit No.958/14
Advocate Mr. Sharad Bhosale for plaintiff.
Advocate Ms. Hajare for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 17th JULY, 2018
ORAL ORDER
The plaintiff has filed present suit for challenging notice
issued by BMC under Section 55 of M.R.T.P. Act dtd. 17.02.2014.
During the pendency of the hearing of the present suit on 02.09.2017
defendant no.1 visited the suit premises for taking measurement and
issued another notice under Section 488 of MMC Act dtd. 22.09.2017
stating that they want to visit the premises on 28.09.2017. The plaintiff
wants to bring the said subsequent fact on record. Therefore, he filed
present chamber summons.
2. Defendant no.1 filed their say, thereby submitted that
without prejudice their rights and contents, the Hon'ble Court be
pleased to pass the appropriate order.
3. Heard both the sides :
After perusal of record it is observed that after filing the
present suit in year 2014, in year 2017 the defendant no.1 has issued
notice under Section 488 of MMC Act dated 22.09.2017 stating that
they want to visit the premises with their workman on 28.09.2017 for
inspection and measurement and for taking photographs. As it is the
subsequent event therefore, it is necessary to bring the said fact on
record. Hence, I proceed to pass following order :
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:3: Ch/Sum.199/18 in L.C.Suit No.958/14
ORDER
1. Ch/Summons No.199/18 is allowed in terms of prayer clause 'a'.
2. The plaintiff to carry out necessary amendment as per the Rules.
3. Ch/sum disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 17/07/2018.
Dictated on : 17/07/2018
Transcribed on : 18/07/2018
Signed on : 18/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/07/2018 At 11.24 a.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
17/07/2018
Judgment/Order signed by P.O. on 18/07/2018
Judgment/Order uploaded on 20/07/2018
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