Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO 466 OF 2018
IN
L.C. SUIT SUIT NO.374 OF 2017
M/s. Sarika Benificuary Trust )...Plaintiff
Versus
The Municipal Corporation of )
Greater Mumbai & Anr. )...Defendant
And
1.Chief Executive Officer & Anr. )...Proposed defendants
Appearance:
Ld.Adv.Ms.Rujuta Lokare for plaintiff.
Ld.Adv.Ms.Vyavahare for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 21/11/2019
(C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for adding
parties. This chamber summons resisted on behalf of the defendant
Municipal Corporation by giving reply. Read the present chamber
summons, affidavit of the plaintiff in support of chamber summons and
reply of the defendant Municipal Corporation. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the present chamber summons, it appears that
the plaintiff has stated that the plaintiff purchased the suit property
from defendant no.2 M/s. Pramukh Technobuild. The building
constructed by the defendant no. 2 is under the Slum Rehabilitations
Scheme. The building constructed for saleable area available under the
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said SRA scheme. The proposed defendant no.1 have granted LOI and
require permission except the Occupation Certificate.
3. The learned counsel on behalf of the plaintiff has submitted that
the proposed defendant nos. 1 and 2 are necessary parties. Considering
the reason mentioned by the plaintiff in the present chamber summons
and affidavit of the plaintiff, it appears that the proposed defendant
nos.1 and 2 are the proper and necessary party. If the proposed
amendment is to be allowed, the nature of the suit will not be changed
and it will not surprise to the defendant Municipal Corporation.
Therefore, I inclined to allow this chamber summons. Hence, I have
proceed to pass following order.
ORDER
1. Plaintiff's Chamber summons no. 466/18 is hereby allowed as
prayed for.
2. The plaintiff and his advocate are directed to carry out proposed
amendment within stipulated period.
3. Chamber summons No. 466/18 is disposed off accordingly.
Date : 21.11.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 21/11/2019
Transcribed on : 22/11/2019
Signed by HHJ : 26/11/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.11.2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
21.11.2019
Judgment/order signed by P.O on 27.11.2019
Judgment/order uploaded on 27.11.2019
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