Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100471/2018
The Abhaya Co-operative Housing Society Ltd. Vs 1.The Municipal Corporation of Gr. Mumbai
2.The Asst. Engineer 3.Asst. Commmissioner and anr
Date : 09-01-2019
Business : Resumed. Adv. P.D. Gandhi for plaintiff and Adv. Ms. Patil
for MCGM are present. Heard, respective advocates on Ch/
s no. 471/2018. The ld. Adv for the plaintiff submits that the
plaintiff wishes to bring on record subsequent event which
the plaintiff transpired from the reply given by the
defendant to NM. According to him the plaintiff applied for
the copy of related GR about the ring road under R.T.I.,
however, the same was not supplied by the defendant. The
ld. Adv. For defendant strongly objected to grant the
amendment by contending that the plaintiff is trying to the
delay the hearing of the suit. According to her the
application under RTI was properly answered. It appears
from record that the issues are framed on 19.12.2015. The
suit is pending for recording of evidence. The Ch/s was
tendered on 21.02.2018. There is no explanation about
delay. The ld. Adv. For plaintiff submits that it is a matter of
Co- op HSG society and there would be delay in taking out
Ch/s. It appears from the record that on 05.05.2015 the
defendant informed the plaintiff that certain information is
not available. Considering the submissions and the nature
of proposed amendment., it appears that the same is
necessary for proper determination of the suit. The delay if
any can be condoned. The prejudice if any cost to the
defendant can be compensated in terms of costs, thus the
following order is passed - ORDER 1. The Chamber
Summons No. 471/2018 is made absolute in terms of prayer
clause(a) subject to payment of costs Rs. 2500/- to the
defendant. 2. The plaintiff to comply with the order within a
period of two weeks by depositing costs and supplying
copies to the defendant. Adjd for compliance to 23.01.2019.
Nature of Disposal : ALLOWED
Disposal Date : 09-01-2019
COURT 5 ADDL SESSIONS JUDGE
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