Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Ch.S. 272-2018 in Suit no. 644-2012
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS No. 272 OF 2018
IN
L.C. SUIT NO. 644 OF 2012
Shri Sudhakar Narayan Waghmare & Ors. ].....Plaintiffs
Versus
Mr. Pramod Narayan Waghmare & Ors. ].....Defendants
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 03rd October, 2019.
Appearance:
Ld. Adv. Mr. Manoj Patil for plaintiff.
Ld. Adv. Mrs. Meena Dhuri for defendant/MCGM.
Ld. Adv. M.S. Lad for defendant Nos. 1 and 2.
ORDER
1. The defendant Nos. 1 and 2 by this Chamber Summons seeks to
amend in the written statement. It is the contention of the defendant
that the matter was referred for mediation and his maternal aunt Hira
Sayaji Shinde was called in the mediation proceeding. The defendant
wants to bring the facts stated by Hira in mediation proceedings by
amendment of written statement.
2. Heard Learned Advocate for plaintiff, Learned Advocate for
CNR NO.MHCC0100196418
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2 Ch.S. 272-2018 in Suit no. 644-2012
defendant corporation and Ld. Advocate for defendant Nos. 1 and 2.
3. His aunt Hira Sayaji Shinde by an affidavit dated 21.07.2014
stating facts as disclosed in mediation proceeding by her.
The mediation proceedings are confidential. The facts stated in
mediation cannot be used in Judicial Proceeding. These are not the
subsequent developments which have taken place during the pendency
of the suit. The chamber summons, therefore, cannot be entertained
and deserves to be dismissed.
In the result, following order is passed.
ORDER
Chamber Summons No. 272 of 2018 is rejected.
(Sanjay N. Yadav)
Judge,
Date: 03.10.2019 City Civil Court, Mumbai.
Dictated on : 03.10.2019
Transcribed on : 04.10.2019
Signed by HHJ on : 15.10.2019
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3 Ch.S. 272-2018 in Suit no. 644-2012
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 16.10.2019 at 12.00 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
03.10.2019
JUDGMENT/ORDER signed by P.O.
on
15.10.2019
JUDGMENT/ORDER uploaded on 16.10.2019
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