Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 561 OF 2019
IN
S.C. SUIT NO.1478 OF 2011
(C.N.R.NO.MHCC010027572019)
Shri Sunil Laxman Warang )...Plaintiff
Versus )
The Asstt. Municipal Commissioner )
(Estate Deptt.) Municipal Corpn. of )
Greater Mumbai and Ors. )...Defendants
Appearance:
Ld.Adv.Mr.Atul Gupta h/f. Adv. Mr.Paranjape for plaintiff.
Ld.Adv.Mrs.Dhuri for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 10/12/2019 (C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for making
amendment in the plaint. This chamber summons resisted on behalf of
the defendant Corporation by filing its reply. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the pleadings of both the parties and after hearing
arguments advanced on behalf of both the sides, the learned counsel on
behalf of plaintiff has argued that if the proposed amendment is to be
allowed, the nature of the suit will not be changed. Therefore, he
requested to allow the present chamber summons.
3. As against this, the learned advocate on behalf of defendant
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Corporation has submitted that if the proposed amendment is to be
allowed, then the nature of the suit will be changed.
4. On scrutiny of the pleadings of both the parties and after hearing
arguments advanced on behalf of both the sides, I am of the opinion
that if the proposed amendment is to be allowed, certainly, the nature
of the suit will not be changed. At this stage, the plaintiff is entitled to
bring any subsequent changes. The defendant will not suffer any
irreparable loss or any hardship, if this chamber summons of the
plaintiff is to be allowed. Hence, I proceed to pass following order.
ORDER
1. Chamber summons No.561/19 is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber summon No. 561/19 is disposed off accordingly.
Date : 10.12.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 10/12/2019
Transcribed on : 11/12/2019
Signed by HHJ : 12/12/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12/12/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
10/12/2019
Judgment/order signed by P.O on 12/12/2019
Judgment/order uploaded on 12/12/2019
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