Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber Summons 600-19 In S.C.Suit No. 149- 2014
1 Date 16.10.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 600 of 2019
IN
SUIT NO. 149 of 2014
(CNR NO.MHCC01 0029912019)
Asmita A. Desai & Ors. .. Plaintiffs
Versus
Ravindra Balaram Mantri & Ors. .. Defendants
Appearances :
Adv. Krishna Baruah I/B Prayna Legal for Plaintiff present.
Adv. Mr. Padmanabh for defendant no. 3 present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
C.R. No. : 7
Dated : 16.10.2019
ORDER
1. Plaintiffs have filed instant Chamber Summons for
amendment of plaint as per schedule.
2. It is contended by the plaintiffs that they have challenged
General Power of Attorney dated 16.09.2003 on the ground that it
contains forged signatures of the plaintiffs and of Mr. Navnikant B.
Mantri. The plaintiff also challenged the fraudulent General
Power of Attorney viz. Agreement for Sale dated 26.05.2005, Deed
of Declaration dated 20.11.2008 executed by the defendant no. 2
pertaining to the said Agreement of Sale entered into by Mr.
Ravindra Balaram Mantri and defendant no. 2 and thereafter Deed
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Chamber Summons 600-19 In S.C.Suit No. 149- 2014
2 Date 16.10.2019
of Conveyance dated 29.11.2008 and Deed of Confirmation dated
07.05.2011 entered into between the defendant no. 2 and 3.
3. It is contended by the plaintiff that they have to elaborate
and to state clearly the prayers so as to avoid any technical
defence which could be raised on behalf of the defendants. The
plaintiffs do not want to plead any new case or not seeking any
new relief. The plinth of the present amendment is already laid
down in the plaint. Hence, plaintiff seeking permission to amend
the plaint as per schedule.
4. Per contra defendant no. 2 opposed the Chamber Summons
by filing reply. It is contended by the defendant no. 3 that trial has
begin and as per Order 6 Rule 17 plaintiff can not apply for
amendment. Hence, the defendant prayed for dismissal of the
Chamber Summons.
5. Heard both the sides. Perused Chamber Summons, reply,
plaint and Written Statement. The plaintiff filed instant suit
praying for declaration of General Power of Attorney dated
16.09.2003, Agreement to Sale dated 26.05.2005, Deed of
Declaration dated 20.11.2008, Deed of Conveyance dated
29.11.2008 as illegal and void. My Ld. Predecessor framed issues
in that respect. The plaint also reflect that the plaintiff has already
pleaded its case in respect of challenge of the above documents.
Therefore, the plaintiff by way of present amendment is not
seeking to set up new case nor nature of suit is being changed. In
my view, the aforesaid amendments are in the nature of
clarification to the claim already made by the plaintiff. In my
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Chamber Summons 600-19 In S.C.Suit No. 149- 2014
3 Date 16.10.2019
view, no prejudice would caused to the defendant because the
issues are already framed in respect of the same on the basis of
pleadings of the parties. Thus, in view of the above discussion, in
my view, the Chamber Summons can be allowed. Thus, I proceed
to pass the following order :
ORDER
1. Chamber Summons No. 600 of 2019 is hereby made
absolute in terms of prayer clause “a”.
2. Plaintiffs to carry out necessary amendment as per schedule
within a period of 14 days from the date of order.
3. Chamber Summons No. 600 of 2019 is disposed off
accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 15.10.2019 Gr. Bombay
Dictated on : 15.10.2019
Transcribed on : 15.10.2019
Draft submitted on : 16.10.2019
Checked on : 17.10.2019
Signed on : 19.10.2019
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Chamber Summons 600-19 In S.C.Suit No. 149- 2014
4 Date 16.10.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
22/10/2019 at 1.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
16/10/2019
JUDGMENT/ORDER signed by
P.O. on
19/10/2019
JUDGMENT/ORDER uploaded
on
22/10/2019
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