Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 376/2020 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO. 376 OF 2020
CNR: MHCC01-002572-2020
in
L.C. SUIT NO. 2551 OF 2010
Cyrus Shroff and Anr
.....Plaintiff
Versus
MCGM .
... Defendant
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 2nd March, 2021.
Appearance:-
Ld Advocate Chandra Naik for Applicant/plaintiff.
Ld Advocate Rawade (hf) for MCGM.
ORAL ORDER
1) Plaintiff took out this Chamber Summons for amendment in
the plaint. MCGM submitted reply & strongly opposed the
amendment.
2) According to plaintiff main suit is regarding showcause notice
etc. u/s 351 of the MMC Act. This CS is filed for addition of
pleading pertaining to various documents relevant to the
subject matter. On behalf of plaintiff it is submitted that if
proposed amendment is not allowed then plaintiff may suffer
irreparable loss. It is further submitted on behalf of plaintiff
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CS No. 376/2020 2
that said pleading regarding documents will be useful in
deciding the suit on merits. Therefore, plaintiff sought
amendment in the plaint accordingly. The CS is supported with
the affidavit of plaintiff.
3) I have heard arguments advanced by Ld Counsels. Admittedly,
Plaintiff intends to add pleadings regarding documents those
are related to the said notice structure/suit property.
Therefore, it appears that plaintiff is entitled to bring on the
record said material facts. No doubt that burden of proving
said facts/allegations shall be on the shoulders of the plaintiff.
Therefore, in order to avoid multiplicity of litigations between
the parties & in order to decide suit on merits the amendment
sought for appears necessary.
4) Considering peculiar facts and circumstances I procced to pass
following order in the interest of justice.
ORDER
1) Chamber Summons No. 376 of 2020 is
hereby allowed as prayed for, subject to
cost Rs.500/- payable to legal aid
account for said delay.
2) Plaintiff is permitted to carryout the
amendment shown in the schedule
within 14 days from the date of this
order. Further, amended plaint shall also
be produced within the said prescribed
period under Order 6 Rule 17 and 18 of
the C.P.C.
3) Thereafter, defendant will be at liberty to
submit additional written statement, if
any.
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CS No. 376/2020 3
4) Plaintiff shall avoid delay in the main
suit.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated & directly typed on dais computer: 02/03/2021.
Checked on
	: 02/03/2021.
Signed by HHJ on : 02/03/2021.
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CS No. 376/2020 4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF TYPIST
05/03/2021. Ms. Prajkta Bijam.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
02/03/2021.
JUDGMENT/ORDER signed by P.O.
on
02/03/2021.
JUDGMENT/ORDER uploaded on 05/03/2021.
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