Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C/S 506/20(Suit 1939/15)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 506/2020
(CNR No. MHCC01003277 2020)
IN
S.C. SUIT NO. 1939/2015
Mrs Swati Jayant Shah ..Plaintiff
V/s.
1. Kuwarsingh & Associate.
2. Shri C.K. Tripathi .. Defendants.
Appearances :
Adv. Mr.A.M. Ranpise for plaintiff.
Adv. Mr. M.S. Singh for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 03
Date : 22.10.2021.
ORDER
1. The defendant has filed instant chamber summons seeking
following reliefs to frame additional issues:
(a) That this Hon'ble Court may be "Whether plaintiff prove that
she has right to file suit on the basis of power of attorney
dated 1.8.2007.
(b) That the costs of the chamber summons be provided for.
(c) For such further and other orders as the nature and
circumstances of the case requires.
2. It is contended by the defendant that, in second week of
February 2020, while giving say on documents, the defendant realized
-- 1 of 4 --
2 C/S 506/20(Suit 1939/15)
that this court failed to frame issue with respect to Power of Attorney
dated 1.8.2007 on the basis of which the plaintiff filed present suit.
3. It is contended by the defendant that, the plaintiff filed the
suit on the basis of Power of Attorney dated 1.8.2007, which does not
give power to file any suit or proceeding. The defendant in its Written
Statement specifically pleaded that, the plaintiff is having no
authorization to file present suit. Hence, the defendant prayed for
framing of specific issue.
4. The chamber summons is opposed by plaintiff by filing say.
It is specifically contended by the plaintiff that, she has filed instant suit
in her personal capacity and not on behalf of flat owners. Hence, there
is no substance in the chamber summons and same required to be
dismissed.
5. Heard both sides. Perused Chamber Summons as well as
pleadings of the parties.
6. On 20.6.2018, my Ld Predecessor framed issues as per
Exh.4 on the basis of pleadings of the parties. The plaintiff filed the
instant suit for damages against defendants as defendants committed
professional misconduct while representing her in Suit No. 1425/2008.
I have also perused verification clause as well as Vakalatnama. It is
nowhere reflected that the plaintiff filed instant suit on the basis of
Power of Attorney. It appears that, the plaintiff filed instant suit in her
personal capacity. In the aforesaid suit i.e. Suit No.1425/2008, she was
party defendant no.3. In the present suit, the plaintiff made allegations
against the defendants that, they have represented her and her aunt
-- 2 of 4 --
3 C/S 506/20(Suit 1939/15)
but no effective steps were taken by them to put their defence. Thus, I
am of the view that, the chamber summons is misconceived and hence,
same needs to be dismissed. Thus, I proceed to pass following order :
ORDER
1. The Chamber summons No.506/2020 is dismissed with costs.
2. The Chamber Summons is disposed off accordingly.
Sd/
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated :22.10.2021 Greater Bombay.
Dictated on : 22.10.2021
Typed on : 22.10.2021
Draft Submitted on : 22.10.2021
Signed on : 23.10.2021
-- 3 of 4 --
4 C/S 506/20(Suit 1939/15)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
23.10.2021, at 3.30 p.m (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 22/10/2021
JUDGMENT/ORDER signed by P.O. on 23/10/2021
JUDGMENT/ORDER uploaded on 23/10/2021
-- 4 of 4 --