Interim Order 2

Order Details: Chamber summons
Pdf Text: Order in Chamber
Summons No.1706 of 2022 1
MHCC010117052022
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
CHAMBER SUMMONS NO. 1706 OF 2022.
IN
CHAMBER SUMMONS NO. 1587 OF 2021.
IN
EXECUTION APPLICATION NO. 86 OF 2019.
IN
SUIT No.863 of 1976.
The Board of Trustees of the port
of Bombay. ….Plaintiff/
Applicant.
In the matter of
The Board of Trustees of the port
of Bombay … Plaintiff.
V/s.
1. Smt. Asmabai Lakdawala and Ors. ...Defendants
And
1.Abdula Delhiwala & 8 Ors. ...Obstructionists.
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Appearance:
Adv. Mr. Mahefrin Mehta i/b HSA Advocates for plaintiff/DH.
None for Obstructionist Nos. 1 & 2 .
Adv.Dimpal Tambe i/b Adv.Ravindra Joshi for Obstructionist Nos.3 & 4.
Adv. Nandini Maurya I/b Adv Lahane for Obstructionist Nos. 5 and 8.
CORAM : SHRI S. B. PAWAR.
JUDGE, (C.R.No.59)
DATE : 25th April, 2023.
ORDER
Plaintiff/Decree Holder has taken out the present Chamber
Summons with a prayer for permission to carry out amendment in
Chamber Summons No.1587 of 2021 in Execution Application No.
86/2019 as per Schedule 'A' annexed thereto.
2. Perused Chamber Summons, affidavit in support, affidavit
in reply filed by Obstructionist No. 3 and 4 and affidavit in reply filed by
the obstructionist No. 5 and 8.
3. Heard Ld. advocates appearing for both the parties. It is
contended on behalf of the decree holder that constitution of the
original plaintiff has been changed with effect from 31.01.2022 by
Notification dated 25.03.2022. The name of the plaintiff is changed to
Mumbai Port Authority. As per Section 21 of the Major Port Authorities
Act 2021, the Board of Mumbai Port Authority is successor and is
entitled to continue the proceeding. Thus, it is prayed that amendment
as per Schedule 'A' be permitted to be made in respect of the name of
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Summons No.1706 of 2022 3
the plaintiff.
4. The obstructionists have resisted the prayer primarily on
the ground that it is beyond limitation. As per their contentions, the
constitution of the original plaintiff has been changed on 31.01.2022
and the Chamber Summons is filed on 19.10.2022. Therefore, Chamber
Summons is barred by law of limitation. By denying rest of the
contentions in affidavit in support, they have prayed that Chamber
Summons be dismissed.
5. Perused Schedule 'A' annexed to the Chamber Summons.
By way of the proposed amendment, plaintiff seeks to delete the name
of the original plaintiff and to add the name of Board of Mumbai Port
Authority as the plaintiff. The proposed amendment is based upon the
enactment of the Major Port Authorities Act 2021. Notification dated
25.03.2022 reflects that the name of the original plaintiff is changed to
the Board of Mumbai Port Authority. So far as the objection of the
obstructionists regarding bar of limitation is concerned, there is no
provision prescribing the period of limitation to seek amendment in
such circumstances. Though there is apparently some delay in taking
out the Chamber Summons, it is not deliberate and intentional. The
amendment is necessary pursuant to the provisions in the Major Port
Authorities Act and Notification dated 25.03.2022. In these
circumstances, the Chamber Summons deserves to be allowed. Hence,
following order is passed :
ORDER
1. Chamber Summons No. 1706 of 2022 is made absolute in
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terms of prayer clause (a).
2. Plaintiff shall carry out amendment in Chamber Summons No.
1587 of 2021 and in Execution Application No. 86 of 2019 on
or before next date and shall submit the amended copies of the
proceedings on record.
3. Chamber Summons No.1706 of 2022 is disposed off accordingly.
(S.B. Pawar)
Judge,
City Civil and Sessions Court
Date.:25.04.2023 Greater Bombay (CR 59)
Declared on : 25.04.2023
Dictated on : 25.04.2023
Transcribed on : 28.04.2023
Checked on : 06.05.2023
Signed on :
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