Final Order 1

Order Details: Chamber summons
Pdf Text: CS.306/19 in Suit no. 1999/2016 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.306 OF 2019
IN
SUIT NO. 1999 OF 2016
(CNR.NO.MHCC010015862019)
M/s. Shripati RMC Services ) .... Plaintiff
VERSUS
Mr. Kedar Infrastructure Pvt. Ltd. & Anr. ) .... Defendants
Appearance:
Mr. Jitendra Kumar Pande, Advocate for plaintiff present.
Mr. Prashant Phophale, Advocate for defendant no.2 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Addl. Judge
CR No. : 32
Dated : 04th July, 2019.
: ORDER :
1. The plaintiff filed instant Chamber Summons for correction in the
name of Defendant No. 1 and 2. It is contended by the plaintiff that
correct name of the defendant no. 1 is M/s. Shree Kedar Infrastructure
Pvt. Ltd. Inadvertently, the name of defendant no. 1 was written as Mr.
Kedar Infrastructure Pvt. Ltd. Whereas, the name of defendant no. 2 is
changed from M/s. Smart Value Home Ltd. to Tata Value Homes Ltd.
Therefore, the plaintiff wanted to amend title clause in respect of name
of defendants.
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CS.306/19 in Suit no. 1999/2016 2
2. It is contended by the plaintiff that the earlier Advocate was
informed about the aforesaid change in the name of defendant no.2 on
27.09.2016 but no steps were taken by earlier Advocate. Therefore, the
plaintiff initiated the action against earlier Advocate to Bar Council of
Maharashtra. It is submitted by the plaintiff that the aforesaid name
need to be corrected in the interest of justice and no prejudice would be
cause to the defendant if, present Chamber Summons is allowed.
3. Per contra defendant opposed Chamber Summons by filing reply
on the ground that, the plaintiff on earlier occasion, filed Chamber
Summons No. 1495 of 2017 requesting the same relief, but the plaintiff
failed to give the details of delay, therefore, it was withdrawn. The
plaintiff filed similar Chamber Summons with the same relief. The
plaintiff is not entitled to filed the same. Hence, defendant prayed for
rejection of Chamber Summons.
4. Heard both the sides. Perused Chamber Summons and reply. As
per the case of plaintiff, there is a typographical mistake in the name of
defendant no. 1. On perusal of the name, I find that, there is a every
chances of such mistake. Hence, it can be rectified.
5. As far as regarding, the name of defendant no. 2 is concern, the
earlier Advocate of the plaintiff was informed on 27.09.2016, however,
earlier Advocate did not take proper steps in the interest of plaintiff.
From record, it appears that, the plaintiff made complaint with the Bar
Council of Maharashtra. In my view, negligency on the part of the
Advocate, the client should not be suffered. In my view, if the plaintiff
is allowed to change the name of defendant, no prejudice would be
caused to the defendant. There is no new cause of action against new
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CS.306/19 in Suit no. 1999/2016 3
person is made out by the plaintiff. Hence, in my view, the Chamber
Summons need to be allowed. However, inconveniency caused to the
defendant could be compensated by awarding reasonable cost of Rs.
500/ to be payable to the defendant. Thus, I proceed to pass the
following order.
: ORDER :
1. The Chamber Summons No. 306/2019 is hereby made absolute
in terms of prayer clause (a).
2. The plaintiff is allowed to carry out necessary amendment within
14 days from the date of order.
3. The Chamber Summons No. 306/2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 04.07.2019 Greater Mumbai
Dictated on :04.07.2019
Transcribed on :04.07.2019
Draft submitted on :04.07.2019
Checked on :05.07.2019
Signed on :05.07.2019
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CS.306/19 in Suit no. 1999/2016 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/07/2019 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.32)
Date of Pronouncement of
JUDGMENT/ ORDER
04/07/2019
JUDGMENT/ORDER signed by
P.O. on
05/07/2019
JUDGMENT/ORDER uploaded
on
05/07/2019
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