Order 1

Order Details: Chamber summons
Pdf Text: CS 47518 in SU 129517 : 1 : Dt. 19.04.2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 475 OF 2018
IN
S.C. SUIT NO. 1295 OF 2017
Bismillah Ali Asgar Bhanpurwala ...Plaintiff
Versus
1. Minhaj Siraj Ahmed
2. Quaid Johar Maqbul Hussain Miyajiwala
3. Israr Moinuddin Khan
4. Nikhil Prakash Surve
5. Baddruddin Kapasi
6. Fakruddin Kanchwala
7. Abid Bhanpurwala
8. Nafisa Abid Bhanpurwala
9. Fatma Ali Asgar Bhanpurwala
10. Khushay Ali Asgar Bhanpurwala
11. Burhan Ali Asgar Bhanpurwala
12. Prashant Mittal …Defendants
Adv. Ms. Kranti Anand with Adv. Ms. Sakina
for Plaintiff present.
Adv. Mr. Unniyal for Defendant nos. 1 to 6 present.
Adv. Mr. M.J. Bhat for defendant nos. 9 to 11 present.
Adv. Mr. Gaurav Pandey for defendant nos. 7 and 8 present.
Adv. Mr. Anand Pandey for defendant no. 12 present.
CORAM : HHJ DR (SMT.) SRISHTY NEELKANTH
(C.R. NO.02)
DATED : 19th APRIL, 2018
ORDER
This Chamber Summons has been filed by the plaintiff for
amendment.
2. Heard both sides.
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CS 47518 in SU 129517 : 2 : Dt. 19.04.2018
3. In the present suit the advocate of plaintiff had made a
statement in Writ Petition No. 12952 of 2017 before the Hon'ble High
Court that the plaintiff would be deleting prayer clause (a) in the Plaint.
As a result, Order dated 31.01.2018 in Writ Petition No. 12952 of 2017
came to be passed by the Hon'ble High Court. At the time of arguments
of this Chamber Summons, the learned advocate of the defendant nos. 1
to 6 pointed out that there was a variation of the stand of the plaintiff
taken with respect to the prayer clause of the Chamber Summons from
the one taken before Hon'ble High Court. Further, no schedule to the
Chamber Summons was filed by the plaintiff.
4. The advocate of the plaintiff thus during the course of
arguments of the Chamber Summons filed a Schedule to the Chamber
Summons detailing the amendments which were sought.
5. After filing of the Schedule, the advocate of defendants did
not object to allow the present Chamber Summons.
6. Thus, considering the circumstances of the case before me,
the Chamber Summons deserves to be allowed. Hence, following Order
is passed :
ORDER
1. Plaintiff is allowed to carry out the amendment
in the Plaint and other consequential amendments as per
the Schedule annexed to the Chamber Summons.
2. Amendment to be carried out by next date.
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CS 47518 in SU 129517 : 3 : Dt. 19.04.2018
3. Chamber Summons No. 475 of 2018 is disposed off accordingly.
(Dr. Srishty Neelkanth)
Judge
City Civil Court,
Dictated on : 19.04.2018. Gr. Bombay.
Transcribed on : 19.04.2018.
Signed on : 19.04.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20.04.2018 at 5.30 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
DR(SMT) SRISHTY NEELKANTH (C.R.
No.02)
Date of Pronouncement of
JUDGMENT/ ORDER
19.04.2018
JUDGMENT/ORDER signed by P.O.
on
19.04.2018
JUDGMENT/ORDER uploaded on 20.04.2018
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