Final Order 1

Order Details: Other
Pdf Text: 19.03.2019
SU 260/87 @
Ch/s 532/19
Exh.38
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Rubeka for Plaintiff present.
Adv. Tejal Pandya for Defendant no.3 present.
Adv for Plaintiff filed original Ch/s no.532/19 t.o.r.
Say filed by Adv for Defendant no.3 on Ch/s 532/19.
K.B.
L.O.
Adv. Jamsandekar for Plaintiff present.
Ex.38 Adv for Plaintiff filed appln. for carrying out amendment in
Ch/s no.532/19 t.o.r.
Proposed application is to correct the para no. of proposed
amendment as shown in schedule annexed to Ch/s no.532/19.
Amendment is of formal nature, so it is allowed. It be carried out
forthwith.
Order below Ch/s no.532/19.
Chamber summons is taken out to amend valuation clause by seeking
addition of proposed amendment vide para 24(a). It is pertinent to
note that in view of order dtd.15.10.2018 Chamber summons
no.1893/18 was allowed by my Ld.Predecessor and in pursuance to
said order amendment has been carried out and prayer clause b(i) has
been added and prayer was made to pass a Decree for sum of Rs.4
Crores as compensation to Plaintiffs. In view of said amendment,
proposed amendment is consequential to add averments about
valuation relating to said prayer. Therefore, proposed amendment
needs to be allowed. So far as proposed amendment as per schedule
clause (B) is concerned, same is not necessary and essential. Hence, I
pass following order.
ORDER
1. Chamber Summons No.532 of 2019 is partly allowed and made
absolute in terms of prayer clause (a) to the extent of incorporation of
para A as per schedule annexed to chamber summons.
2. Plaintiffs are directed to carry out amendment within two weeks.
Accordingly, Ch/s no.532/19 is disposed off.
Plaintiffs have filed copy of Challan to show that they have paid Rs.3
Lakhs towards Court fee.
Office to take note of it.
Adj for compliance to 05.04.2019.
Judge
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