Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 270/2020 in Suit No. 1525/2010. 1 Order.
MHCC010018672020
Presented on : 12-02-2020
Registered on : 12-02-2020
Decided on : 04-12-2020
Duration : 0 years, 9 months, 21 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 270 OF 2020
IN
S. C. SUIT NO. 1525 OF 2010
Subhash Ramprakash Khanna ...Plaintiff
Versus
Mumbai Municipal Corporation for Greater Mumbai
& Others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 4th DECEMBER, 2020.
Mr. Rishi Narvekar, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant Nos.1 and 2 / MCGM.
ORDER
This is a chamber summons preferred by plaintiff for
inspection of the documents which came to be produced by the
defendant no.1 in view of order below Exh.14 dated 13/11/2019.
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Ch/s No. 270/2020 in Suit No. 1525/2010. 2 Order.
2. Ld. Adv. Narvekar for plaintiff submitted that after nine
years defendant MCGM has produced the documents. These documents
might be internal communication between one department to another
department of the defendant. It is necessary for the plaintiff to verify
the original of documents produced by the MCGM.
3. Ld. Adv. Tondwalkar for MCGM submits that all these
documents were referred in reply. It is prayed to reject the chamber
summons.
REASONS
4. On perusal of prayer clause (a) of the suit, legality of a
notice under Section 351 of MMC Act dated 09/06/2009 is under
challenge. Plaintiff has to prove authenticity of the structure. In short,
validity of the impugned notice is under challenge. On perusal of list of
the documents from sr.no.1 to 9 annexed with Exh.15, at sr.no.2 it is file
cover, at sr.no.3 copy of notice under Section 351 of MMC Act dated
09/06/2009. There is report of Building Mukadam about service of
notice. It is to note that plaintiff has not disputed a reply to the notice
on the letterhead of “Satyapal Khanna” dated 15/06/2009.
5. Considering question in controversy in present suit, it
would be appropriate to concentrate on hearing of notice of motion to
decide the legality of the notice dated 09/06/2009. In view of detail
reasons given by this Court below Exh.14 dated 13/11/2019,
production of documents is allowed by this Court. The liberty to file
additional affidavit is already granted by this Court in order dated
13/11/2019. In short, it appear the endeavour to proliferate the trial.
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Ch/s No. 270/2020 in Suit No. 1525/2010. 3 Order.
There is no substance in chamber summons. Hence the order :
- ORDER -
1. Chamber Summons No. 270/2020 stands rejected, no order
of cost.
2. Suit is 10 years old, parties to expedite the hearing.
3. Ch/s No. 270/2020 is disposed off accordingly.
4. Next date for hearing 18/12/2020 is granted at the
convenience of plaintiff.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 04/12/2020. Mumbai.
1. Dictated on : 04/12/2020.
2. Transcribed on : 07/12/2020.
3. Signed on : 07/12/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
08/12/2020. 3.58 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 04/12/2020.
Judgment/Order signed by P.O. on 07/12/2020.
Judgment/Order uploaded on 08/12/2020.
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