Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch.Sum. No.374/2018 in Sum. Suit No.1208/2017
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 374 OF 2018
CNR NO.: MHCC010027472018
IN
SUMMARY SUIT NO. 1208 OF 2017
M/s. S.G. Gold ]….Plaintiff.
Versus
M/s. Arihant Jewellers and others ]...Defendants.
Appearances:
Advocate Mr. Rajesh Patil for the Plaintiff.
None for the defendants.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 26th MARCH, 2019.
ORAL ORDER
1. Plaintiff has filed this Chamber Summons to carry out
amendment.
2. Plaintiff has stated that after adjustment of the payment, few
invoices amount remained due and payable by the defendants. Plaintiff
has further stated that though there was reference of the invoices in the
plaint, the same were not annexed to the Plaint due to inadvertence.
Plaintiff has stated that there is no intentional concealment or any
intention to prejudice the rights of the defendants and prayed to allow
amendment.
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:2: Ch.Sum. No.374/2018 in Sum. Suit No.1208/2017
3. Defendant Nos. 1 to 3 have filed their reply to this Notice of
Motion and stated that at the time of filing of the suit, the invoices,
ledgers as well as cheques were available with the plaintiff. Defendants
have stated that plaintiff seeks to bring on record the invoices which do
not bears the name of the defendants as received or acknowledged or
any acknowledgment. Defendants have stated that the amendment
would change the crux of the suit. Defendants have further stated that
the cheques allegedly issued by the defendant towards payment of the
said invoices are not even of proportionate amount as each invoice
bears a liability of Rs.20,68,406/, Rs.8,78,586/, Rs.7,59,245/ and
Rs.5,41,198/ however the cheques brought on record by the plaintiff
are for varying amounts of Rs.1,00,000/, Rs.3,00,000/, Rs.1,50,000/
and Rs.21,89,000/. Defendants have further stated that cheques are
not at all issued against any particular invoices and as such the invoices
bears no relation to the transaction in hand. Defendants have further
stated that plaintiff is attempting to mislead the Court by pleading
interest on unpaid amounts till date. Defendants have further stated
that invoices were never handed over by the plaintiff at the time of
delivery of goods, but would be prepared subsequently after a delay of
over 1520 days. Defendants have further stated that the documents
stated by plaintiffs are irrelevant and unnecessary and nonsubmission
of the same is an inherent defect in the suit which cannot be sought to
be cured by filing the Chamber Summons.
4. Ld. Counself for the plaintiff cited judgment of the Hon'ble Apex
Court in case of Revajeetu Builders and Developers v.
Narayanaswamy And Sons and others reported in (2009) 10 SCC 84
in which it is held that, “Courts must not refuse bona fide, legitimate,
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:3: Ch.Sum. No.374/2018 in Sum. Suit No.1208/2017
honest and necessary amendments”. In the case in hand on perusing the
plaint it appears plaintiff has specifically alleged that defendant was
placing Purchase Order with him regularly and plaintiff supplied gold
ornaments to defendant along with invoices. It appears in the plaint
itself it is stated that the suit is based on invoices. Therefore, it appears
if amendment is allowed, it will not change the nature of the suit nor
cause harm to other side. If amendment is allowed it will allow plaintiff
to put up his claim clearly and properly. Hence, in the interest of justice,
it will be proper to allow amendment. Hence, following order.
O R D E R
1. Chamber Summons No.374 of 2018 is allowed.
2. Plaintiff to carry out amendment within 14 days from the date of
this Order.
(S.P. AGARWAL)
Judge,
Date: 26.03.2019. City Civil Court,
Gr. Bombay.
Dictated on : 26.03.2019
Transcribed on : 26.03.2019
Signed on : 26.03.2019
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:4: Ch.Sum. No.374/2018 in Sum. Suit No.1208/2017
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
01.04.2019 At 3:51 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
26.03.2019
Judgment/Order signed by P.O. on 26.03.2019
Judgment/Order uploaded on 01.04.2019
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