Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 205 OF 2018.
IN
L.C. SUIT NO. 2603 OF 2017
(CNR NO. MHCCO10014872018)
Mr.Sachin Arvind Sherkhane, ) ...Plaintiff
Versus
1. Assistant Municipal Commissioner & Anr. ) ...Defendants
And
The Superintendent Consumers & Anr. ) ...Proposed
deft.nos.3 & 4
Appearance:
Advocate Mr.Mukesh Chheda for Plaintiff.
Advocate Mr.Giri for Defendant no.1/MMC.
Advocate Mr.Yogendra More for defendant no.2.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 07th JUNE,2019.
(C.R.No.06)
O R D E R
This is Chamber summons filed on behalf of the plaintiff
for adding proposed defendant nos. 3 & 4 by making amendment in the
plaint. Chamber summons is resisted on behalf of defendant no. 2 by
filing its reply dtd. 11/12/2018.
2. Read the present application and reply filed on behalf of
defendant no.2. Heard Ld. counsel on behalf of both the sides. Perused
-- 1 of 4 --
2
record.
3. On perusal of the record, it appears to be that the plaintiff
submitted that on 23/01/2018, Plaintiff's mother Smt.Suman
Sherkhane received a call on her mobile no. 7718849080 from 022
64507811 allegedly from BEST Officer one Mr.Prabhu, requesting
plaintiff's mother to give NOC for separate meter to defendant no.2,
failing which BEST will grant separate electric supply and meter. It is
further contended by the plaintiff that his mother thereafter lodged NC
No.307/18 dtd. 23.01.2018. The plaintiff has addressed a letter to
Complaint Officer of BEST, G/North Ward not to grant additional Meter
and to take action against the officer who are pressurizing him to grant
NOC for giving separate Electrical Meter and connection. Inspite of
contention of the plaintiff, the plaintiff has filed xerox copy of report of
NC., Letter dtd. 24/1/2018 issued to BEST officer.
4. The Ld. Counsel on behalf of defendant no. 2 has
submitted that the proposed defendant nos. 3 & 4 are not necessary
party in this present suit. The present application i.e. chamber summons
is not maintainable in eyes of law of these grounds. Therefore, the Ld.
counsel on behalf of defendant no.2 has requested that the present
chamber summons be dismissed.
5. After hearing the arguments advanced on behalf of both
the sides and perusal of contentions of this chamber summons and
reply filed by the defendant no.2, it appears that the proposed
defendant nos. 3 and 4 are necessary parties in the present suit. If this
chamber summons is to be allowed, then it will not cause any in justice
on the part of the defendants. Therefore, I am inclined to pass following
-- 2 of 4 --
3
order.
ORDER
1. Chamber Summons No. 205 of 2018 is hereby allowed as prayed for.
2. The Plaintiff and his counsel are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons is disposed of accordingly.
Date : 07.06.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 07.06.2019
Transcribed on: 07.06.2019
Signed by HHJ : 07.06.2019
-- 3 of 4 --
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
07/06/2019 1.40p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
07/06/2019
Judgment/order signed by P.O on 07/06/2019
Judgment/order uploaded on 07/06/2019
-- 4 of 4 --