Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.445/2019 ..1.. Suit No.8262/1994
CNR No.MHCC0122482019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.445 OF 2019
IN
SUIT NO.8262 OF 1994
(High Court Suit No.1108 of 1994)
Chandru G. Bijlani .. Plaintiff
Versus
M/s. Krishna Enterprises & Others .. Defendants
Mr. J. Shah, advocate for plaintiff
Mr. Anand Shitab, advocate for defendant.
CORAM : M. T. ASIM, J
COURT ROOM NO.02
DATED : 20th June, 2019
ORAL ORDER
Perused chamber summons, affidavit in support of it. Heard
respective counsel for parties.
2. Chamber summons is taken out to incorporate pleadings as per
schedule annexed to chamber summons. It is contended that Chamber
Summons No.154 of 2016 was partly allowed vide order dated
21.01.2019 to the extent that plaintiff was permitted to carry out
amendment in prayer clause by adding prayer 'b1' as mentioned in
schedule annexed to aforesaid chamber summons and liberty was also
granted to take out a fresh chamber summons for raising averments
pertaining to alternative relief. Accordingly, plaintiff has prayed to
allow chamber summons in above terms.
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CS No.445/2019 ..2.. Suit No.8262/1994
3. Argument on the same line was made by learned advocate for
plaintiff.
4. Advocate for defendant submitted that he has nothing more to
say.
5. I have carefully gone through chamber summons No.154 of
2016 and order dated 21.01.2019 passed on it. It is pertinent to note
that contents in schedule of present chamber summons is verbatim to
that of partI of schedule annexed to aforesaid chamber summons.
Mention may be made here that, as per order dated 21.01.2019 passed
in aforesaid chamber summons amendment particularly as contained in
para 7(a) annexed to the schedule of said chamber summons was not
allowed. More so, it was further observed that plaintiff has intermingled
proposed amendment in regard to averments to be incorporated in the
body of plaint in relation to alternate prayer along with other contents
in proposed para 7(b) and 7(c). Therefore, this court has granted
liberty to plaintiff to take out chamber summons for raising averments
to be incorporated in body of plaint pertaining to alternative relief
within period of two weeks from the date of said order. That being so,
plaintiff again by present chamber summons has sought incorporation
of proposed amendment as pointed above, contents of which are alike
to that of earlier proposed amendment. It is not Review application.
When Court has already rejected the prayer to incorporate averments in
respect of alleged breach of orders and when court has observed that
plaintiff has intermingled proposed amendment in regard to averments
to be incorporated in the body of plaint in relation to alternate prayer
along with other contents then it is not appropriate on the part of
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CS No.445/2019 ..3.. Suit No.8262/1994
plaintiff to again make chamber summons seeking incorporation of
proposed amendment in the same form.
6. Learned advocate for plaintiff tendered apology for the same. I
accept his apology, however, keeping in view conduct of the plaintiff it
is desirable to impose certain costs upon the plaintiff.
7. I have carefully considered the schedule annexed to present
chamber summons. I am of the view that contention in proposed para
7(c) relate to alternate prayer which has already been made by the
plaintiff', therefore, it is just to allow partly proposed chamber summons
to that extent. Hence, pass following order.
ORDER
1. Chamber Summons No.445 of 2019 is partly allowed subject to
deposit of costs of Rs.1500/ to the funds of D.L.S.A., Mumbai
within period of one week from the date of this order.
2. On payment of costs, plaintiff is permitted to carry out
amendment in terms of clause 7(c) of schedule annexed to
chamber summons within further period of one week.
3. Plaintiff is hereby informed to be careful in future.
4. Accordingly, chamber summons is disposed off.
(M. T. Asim)
Judge
Date : 20.06.2019 Gr. Bombay
Typed on : 20.06.2019
HHJ signed on :
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CS No.445/2019 ..4.. Suit No.8262/1994
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
24.06.2019, 4.00 p.m.
UPLOAD DATE AND TIME Mrs. S. P. Pawar
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. M. T. Asim
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
20.06.2019
JUDGMENT/ORDER signed by P.O.
on
21.06.2019
JUDGMENT/ORDER uploaded on 24.06.2019
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