Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.321/2019 1 Ch/Sum. No.640/2019.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 640 OF 2019
(CNR No.MHCC01-003205-2019)
IN
L.C. SUIT NO. 321 OF 2019
(CNR No.MHCC01-014996-2018)
Ashfaque Nizamuddin Sayed ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 12/03/2021.
Mr. Mukesh Dubey Advocate for Plaintiff.
Ms. Mhatre Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken out this Chamber summons for amendment of
plaint under Order-6 Rule-17 of CPC, 1908.
2. Mr. Mukesh Dubey Advocate for plaintiff has submitted that
defendant has given notice to the structure under section 354A of MMC
Act. Speaking order was passed. Plaintiff has challenged the said notice
and order by this suit. However, during pendency of the suit, officer of
defendant demolished the notice structure. Therefore, plaintiff wants to
reconstruct the structure and amendment are necessary for that
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L.C.Suit No.321/2019 2 Ch/Sum. No.640/2019.
purpose. He further submitted that the act of officer of the defendant is
malafide. Therefore, he prayed to allow the chamber summons.
2. Ms. Mhatre Advocate for Defendants / MCGM has submitted that
the structure was illegal. Plaintiff cannot sought the amendment as
sought. She, prayed to dismiss the chamber summons.
4. Perused the record. Plaintiff has challenged the notice and order
passed therein. Plaintiff contended that during the pendency of suit,
structure was demolished by officer of defendant/ Corporation. I have
perused the proposed amendment. It appears that by proposed
amendment nature of suit does not change, same will be helpful to
determine the controversy between the parties. Therefore, chamber
summons deserves to be allowed. Hence, following order.
ORDER
1. Chamber Summons No.640/2019 is made absolute in
terms of prayer clause (a).
2. Plaintiff is directed to carry out the amendment within two
weeks.
3. No order as to costs.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 12/03/2021. Mumbai.
Dictated on : 12/03/2021.
Transcribed on : 12/03/2021.
Signed on : 15/03/2021.
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L.C.Suit No.321/2019 3 Ch/Sum. No.640/2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
15/03/2021. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 12/03/2021.
Judgment/Order signed by P.O. on 15/03/2021.
Judgment/Order uploaded on 15/03/2021.
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