Final Order 1

Order Details: Chamber summons
Pdf Text: CNR NO : MHCC010019772019. .1. CH/S No. 382/2019 in
L.C. Suit No. 112/2019.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 382 OF 2019.
IN
L.C. SUIT NO. 112 OF 2019.
Adam Ahmed Shareef. …………………………... … PLAINTIFF.
V/s.
MCGM. ...………………………………………..... … DEFENDANT.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 19th July, 2024.
APPEARANCES :
Mr. V.T. Dubey a/w Mr. Kamal Choudhari, Ld. Advocates for the Plaintiff.
Mr Arvind Rathod, Ld. Advocate for the Defendant/MCGM.
*****
01. The plaintiff has taken out this Chamber Summons (for the
short the Ch/s.), U/O. VI Rule 17 of the Civil Procedure Code, 1908, for
amendment in the plaint. Perused the Ch/s.,his supporting affidavit and
reply of the defendant. Heard both the sides. While arguing this Ch/s.,
the plaintiff did not press for its relief, claimed in prayer Clause (b).
02. Considering the record, the points for determination, along
- with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(1). Whether the proposed amendment is
necessary for deciding the real question
in controversy between the parties ?…. .....Yes.
(2). What Order ? .............…....................... …. As per final Order.
-:REASONS FOR THE FINDINGS:-
AS TO POINT NO. 1 :
03. By filing this Ch/s., the plaintiff contended that as per the
Order of this Court, he placed the notice reply on 10.12.2018. However,
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CNR NO : MHCC010019772019. .2. CH/S No. 382/2019 in
L.C. Suit No. 112/2019.
without considering his reply and the documents about existence of the
suit premises, on 14.01.2019, the defendant passed the Speaking Order.
While doing so, he did not appreciating the record and did not afford a
personal hearing to the him. There are more than 100 structures to be
removed for SATIS project. However, with malafide intention, to give an
access to Zainee Market, the defendant issued the notice U/s. 351 of the
MMC Act only against few of the occupants, who were near to the said
access. Therefore, the said Order is bad in law. In the circumstances, he
wanted to incorporate the said facts in the plaint, along-with additional
reliefs of declaration to that effect and perpetual injunction, restraining
the defendant to act upon the same. The defendant denied this Ch/s. as
it is misconceived. He contended that only on considering the plaintiff’s
reply, he passed the Speaking Order. More so, the plaintiff did not come
before this Court with clean hands and there is no cause of action to file
this Ch/s.. Hence, it is liable to be dismissed.
04. Considering the rival submissions, at the outset, it is worth
notable that by this suit, initially, the plaintiff asked for declaration that
the notice dtd. 27.07.2018 and the first Order dtd. 19.11.2018 was bad
in law. The record reveals that as per Order of this Court, the defendant
considered the plaintiff's notice reply and passed the Speaking Order on
14.01.2019, which is being assailed by way of this Ch/s.. It is worth to
be noted that passing of this Order is not disputed. Moreover, this is the
event occurred subsequent to filing of this suit and hence, it needs to be
incorporated in the plaint. The suit is at initial stage and the proposed
amendment, being formal, would not cause any harm to the defendant.
Simultaneously, it would facilitate this Court to adjudicate upon the suit
issues effectively. Consequently, this Ch/s. needs to be allowed. Hence, I
answered point No.1 in the affirmative and to answer point No. 2, I pass
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CNR NO : MHCC010019772019. .3. CH/S No. 382/2019 in
L.C. Suit No. 112/2019.
the following Order:
-: O R D E R :-
(i). Chamber Summons No. 382/2019 is made absolute in
terms of prayer Clause (a) only. Accordingly, the plaintiff
is called upon to carry out the proposed amendment in
the plaint, positively till the next date, and to file copy of
amended plaint simultaneously.
(ii). Chamber Summons No. 382/2019 is, accordingly,
disposed of.
{A.G. Santani}
Mumbai. Judge,
Dated : 19.07.2024. City Civil Court, Mumbai.
Dictated on : 19.07.2024.
Transcribed on : 24.07.2024.
Checked and Signed on : 25.07.2024.
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CNR NO : MHCC010019772019. .4. CH/S No. 382/2019 in
L.C. Suit No. 112/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
26.07.2024 at 1.58 p.m.
Name of the Stenographer
Mrs. S.R. Mejari
Name of the Judge (with Court Room No.) HHJ Shri A.G. Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 19.07.2024.
Judgment/Order signed by P.O. on 25.07.2024.
Judgment/Order uploaded on 26.07.2024.
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