Final Order 1

Order Details: Chamber summons
Pdf Text: L.C.Suit No.1066/2012 1 Ch/Sum. No.492/2020.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 492 OF 2020
(CNR No.MHCC01-003224-2020)
IN
L.C. SUIT NO.1066 OF 2012
(CNR No.MHCC01-001352-2012)
1) Mr.P.R. Joss & Ors. ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& another ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 18/03/2021.
Mr. Nilesh Pandey Advocate for Plaintiff.
Ms. Tondwalkar Advocate for Defendants / MCGM.
ORDER
1. Plaintiffs have taken out this Chamber summons for amendment
of plaint under Order-6 Rule-17 of CPC, 1908.
2. Mr. Nilesh Pandey Advocate for plaintiffs has submitted that
plaintiffs have challenged the notice under section 354A of MMC Act
dated 11/4/2012. The plaintiffs have filed reply to the notice and the
speaking order was passed on 17/4/2012. The defendant has recently
served copy of order to the plaintiffs. Hence, it is necessary to amend
plaint. The proper pleading in respect of the speaking order is added.
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L.C.Suit No.1066/2012 2 Ch/Sum. No.492/2020.
2. Ms. Tondwalkar Advocate for Defendants / MCGM has submitted
that the copy was already served to the plaintiffs. Chamber Summons is
not maintainable. She, prayed to dismiss the chamber summons.
4. I have gone through record. In the suit plaintiffs have challenged
the notice dated 11/4/2012. The speaking order was passed on
17/4/2012. Suit is filed on 18/4/2012. Considering the contention of
plaintiffs that the order is recently served, I find that Chamber
Summons deserves to be allowed. I have perused the proposed
amendment. It appears that by proposed amendment nature of suit does
not change. Therefore, chamber summons deserves to be allowed.
Hence, following order.
ORDER
1. Chamber Summons No.492/2020 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 : 18/03/2021. Mumbai.
Dictated on : 18/03/2021.
Transcribed on : 18/03/2021.
Signed on : 18/03/2021.
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L.C.Suit No.1066/2012 3 Ch/Sum. No.492/2020.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/03/2021. 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 18/03/2021.
Judgment/Order signed by P.O. on 18/03/2021.
Judgment/Order uploaded on 18/03/2021.
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