Final Order 1

Order Details: Chamber summons
Pdf Text: C.S.539/19 in SC 436/19 1
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO.539 OF 2019
IN
SUIT NO. 436 OF 2019
(CNR.NO.MHCC010026492019)
Kaushal Kumar Modi .. Applicant
In the matter between –
Kaushal Kumar Modi ..Plaintiff
Versus
Preeti Malik & Anr. .. Defendants
Mr. Girish Kedia Advocate for Plaintiffs.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Asstt. Judge
CR No. : 32
Dated : 14th March, 2019.
ORDER
. Plaintiff taken out this Chamber Summons for seeking
permission to carry out the amendment to the title of the plaint, Notice
of Motion, Vakalatnama and other pleadings as per the schedule
attached.
2. Plaintiff has mentioned two address of Defendant No.1 in
the title clause of the plaint. But when the clerk of the Advocate visited
on the second address that time it was informed that Defendant No.1
has shifted at Davin Info Private Limited, Shop No.9, Lucky Star CHS
Ltd., Near T.B. Hospital, Jabai Wadia Road, Parel, Mumbai – 12.
Plaintiff had served the copy of Notice of Motion on this address on the
-- 1 of 3 --
C.S.539/19 in SC 436/19 2
person found there in but that address was not reflected in the plaint.
Therefore, plaintiff was directed to incorporate the latest address of
Defendant No.1 in the plaint. Hence, taken out this Chamber Summons.
Plaintiff prays that Chamber Summons be made absolute.
3. Plaintiff has placed on record the affidavit of service of the
clerk of the Advocate Shri. Girish Kedia for the plaintiff. The Chamber
Summons is served on Davin Info Private Limited, Shop No.9, Lucky
Star CHS Ltd., Near T.B. Hospital, Jabai Wadia Road, Parel, Mumbai –
12 and hand over the documents to Shri. Imran Khan and obtained his
acknowledgement. Inspite of service defendant no.1 failed to appear
before the court, hence proceeded exparte against her.
4. As now plaintiff wants to place on record the additional
address of the defendant no.1 i.e. Davin Info Private Limited, Shop
No.9, Lucky Star CHS Ltd., Near T.B. Hospital, Jabai Wadia Road, Parel,
Mumbai – 12, hence I pass the following order.
ORDER
1. Chamber Summons No.539/2019 is made absolute in terms
of prayer clause.
2. Plaintiff is directed to carry out the amendments in the title of
plaint, Notice of Motion as per schedule annexed within 7 days from the
date of this order.
Date : 14.03.2019. (Pushpa N. Rao)
Ad hoc Asstt. Judge
Bombay City Civil Court
Greater Mumbai
Dictation Direct typed on computer : 14.03.2019.
Signed by HHJ on : 14.03.2019.
-- 2 of 3 --
C.S.539/19 in SC 436/19 3
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT / ORDER.”
UPLOAD DATE AND TIME : 15.03.2019 at 5.35 pm
NAME OF THE STENOGRAPHER : P.P.Parab
Name of the Judge HHJ Smt.Pushpa N Rao
C.R.No.32
Date of pronouncement of Judgment/
Order
14.03.2019
Judgment/Order signed by P.O. on 14.03.2019
Judgment/Order uploaded on 15.03.2019
-- 3 of 3 --