Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.447/2019 ..1.. Suit No.8265/1994
CNR No.MHCC0122512019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY
CHAMBER SUMMONS NO.447 OF 2019
IN
SUIT NO.8265 OF 1994
(High Court Suit No.1112 of 1994)
Shailesh C. 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.156 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.447/2019 ..2.. Suit No.8265/1994
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.156 of
2016 and order dated 21.01.2019 passed on it. It is pertinent to note
that contents of proposed paras 7(a), 7(b) & 7(d) of schedule of present
chamber summons is verbatim to that of part I 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 plaintiff to
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CS No.447/2019 ..3.. Suit No.8265/1994
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(d) 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.447 of 2019 is partly allowed subject to
deposit 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(d) 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.447/2019 ..4.. Suit No.8265/1994
“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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