Order 2

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION OF
IN
CHAMBER SUMMONS NO. 1597 OF 2024
IN
L.C.SUIT NO.1 OF 2021
1(a) Mrs.Pratibha Pradeep Keer
& Ors .… proposed Applicant
In the matter between
Pradeep Bhalchandra Keer … Plaintiff
V/s.
1. Municipal Corporation of
Greater Mumbai ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 31/07/2024
Adv. Ms. Dhwani Modi for the plaintiff.
Adv. Mr. Sutar for the defendants/BMC.
ORAL ORDER
This Notice of motion is taken out by plaintiff for
extension of time to carry out amendment as per order dated
11.07.2024 in Ch/s. No.1597/2024. On the other hand,
Defendant objected present notice of motion.
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2. Read Draft Notice of motion, reply filed by the
defendants/ BMC. Heard both the sides.
3. This is a suit for declaration and injunction. On
perusal of record and proceeding it appears that plaintiff/
applicant taken out chamber summons No.1597/2024 to carry
out proposed amendments as per schedule within 14 days from
the date of the order and further direction were given to file
the amended plaint within the statutory period. Accordingly,
Chamber Summons Nos.1597/2024 was made absolute on
11.07.2024 and plaintiff permitted to carry out proposed
amendment. However, he failed to comply within stipulated
period of time. Grounds mentioned by the plaintiff found to
be just and reasonable one. Right to sue is survived. If,
proposed plaintiff permitted to carry out amendment vide
order dated 11.07.2024, it will not cause prejudice to the
rights of defendant. Therefore, in view of Order VI Rule 18 of
the Code of Civil Procedure, it is just and equitable in the eye
of law to extend time to comply order dated 11.07.2024
passed in Ch/s. No.1597/2024. Accordingly, I proceed to pass
following order.
ORDER
1. Draft Notice of motion is made absolute in terms of
prayer clause (a) and (b).
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2. Plaintiff is permitted to carry out proposed amendment
vide order dated 11.07.2024 in Ch/s.No.1597/2024 till
next date.
3. Both the parties to take note of this order.
4. Draft Notice of Motion be registered for statistical
purpose.
5. Draft Notice of motion is disposed off.
Date-31/07/2024 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 3 1 / 0 7 / 2 0 2 4
Ty p e d o n : 3 1 / 0 7 / 2 0 2 4
S i g n e d :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/08/2024 11.25 a.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
31/07/2024
JUDGMENT/ORDER signed by
P.O.on
01/08/2024
JUDGMENT/ORDER uploaded on 02/08/2024
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