Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 370/2020 in St. No. 1793/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 370 OF 2020
(CNR NO. MHCC010024992020)
IN
LONG CAUSE ST. NO. 1793 OF 2020
(CNR NO. MHCC010017192020)
Shree Ayyappa Seva Sangham, Powai ...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai
and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 28th FEBRUARY, 2020.
Mr. Kanchanpurkar, Advocate for Plaintiff.
Mrs. Chavhan, Advocate for Defendants / MCGM.
Mr. Swaraj Jadhav, Advocate for applicant.
ORDER
1. This is a chamber summons taken out by applicant Smt.
Sheila Viswanath to implead her as defendant. Heard Learned advocate
Mr. Swaraj Jadhav for applicant.
2. It is strongly resisted by advocate Mr. Kanchanpurkar for
plaintiff. It is submitted that applicant has no locus to contest the suit
nor there is any vested interest to get affected in present suit. There are
in total 150 rooms constructed adjacent to temple. Plaintiff has
submitted application for regularization and dereservation. It is dispute
between MCGM and plaintiff in respect of notice dtd. 03.07.2019,
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Ch/s No. 370/2020 in St. No. 1793/2020. 2 Order.
issued u/s 351 of MMC Act. It is prayed to reject the chamber
summons.
3. According to plaintiff, if suit site is reserved for hospital,
applicant may approach to the Hon'ble High Court under P.I.L. On
perusal of documents at page no.37 and 38, dtd. 27.05.2019, suit site
was reserved for hospital. Applicant being devotee of temple and
relative of trustee, she has vested interest. According to applicant some
of the trustees are earning lacs of Rupees and misappropriated the
amount of rent of auditorium and reception hall.
4. In totality, presence of applicant is necessary. Hence,
chamber summons no. 370/2020 is allowed. Hence the order :
ORDER
1. Chamber Summons No. 370/2020 is allowed.
2. Chamber Summons no. 370/2020 is disposed off
accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 28/02/2020. Mumbai.
1. Dictated on : 28/02/2020.
2. Transcribed on : 28/02/2020.
3. Signed on : 29/02/2020.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 370/2020 in St. No. 1793/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF TYPIST
07/03/2020. 4.27 p.m. Mrs. Harshada D.Parab.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 28.02.2020.
Judgment/Order signed by P.O. on 29.02.2020.
Judgment/Order uploaded on 07.03.2020.
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