Interim Order 1

Order Details: Chamber summons
Pdf Text: CNR NO. MHCC010062912019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 1129 OF 2019
IN
MISCELLANEOUS APPEAL NO. 108 OF 2019
Shyamkant Yashwant Malkar ...Appellant.
V/s.
The Municipal Corporation of Greater Mumbai
& Ors. ...Respondents.
APPEARANCES:
Learned Adv. Mr. Rajiv Deokar for appellant.
Learned Adv. Mr. A.V. Diwate for respondents/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI SANDIPKUMAR C. MORE
(C.R.No.04)
DATED : 17th October, 2019.
: ORAL ORDER :
The appellant has taken out this Chamber Summons for
permission to carry out the amendment in this appeal as per Schedule
annexed to the Chamber Summons.
2. According to the appellant, one reasoned order in Enquiry
No.N/29 of 2018 was not added for challenging the same. Therefore, he
has taken out the present Chamber Summons.
3. On the contrary, advocate for respondent/MCGM filed say on
affidavit of service in support of the Chamber Summons in writing and
thereby, strongly opposed the same on the ground that the appellant
was very much aware about the aforesaid reason order and despite
intimation by Enquiry Officer, he failed to collect the same by paying
necessary charges.
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Ch/S 1129/19 in M.A. 108/19 ..2.. Order
4. Heard rival submissions. Also perused the documents on record.
5. Admittedly, the appellant has challenged the order passed by
Enquiry Officer in this appeal. However, he had not taken the reasoned
order and therefore, he wants to implead the contents in respect of said
order for challenging the same in this appeal. As such, it is only a
question of challenging the reasoned order of the impugned enquiry.
Thus, the proposed amendment as per the schedule will not change the
nature of this matter and it is, in fact necessary for proper adjudication
of the same. Therefore, the proposed amendment being of technical
nature, can be allowed to be incorporated. Hence, I pass the following
order.
: O R D E R :
1. The Chamber Summons No. 1129 of 2019 is hereby
allowed in terms of prayer clause (a), and the appellant
is permitted to carry out the amendment as per Schedule
annexed to the Chamber Summons in main appeal,
within the stipulated period.
2. No order as to costs.
3. Chamber Summons stands disposed of accordingly.
(SANDIPKUMAR C. MORE)
1st Additional Principal Judge,
(Court No.4)
Date : 17.10.2019. City Civil Court, Gr. Mumbai
Dictated on : 17.10.2019.
Transcribed on : 17.10.2019.
Signed on : 17.10.2019.
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Ch/S 1129/19 in M.A. 108/19 ..3.. Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
17.10.2019, at 5.08 p.m.
UPLOAD DATE AND TIME
Tushar P. Kuwar
[NAME OF STENOGRAPER]
Name of the Judge
(With Court room no.)
HHJ Shri S.C. More
Court Room No.4
Date of Pronouncement of Judgment/order 17.10.2019
Judgment/order signed by P.O. on 17.10.2019
Judgment/order uploaded on 17.10.2019
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