Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CS No.48018
CNR No. MHCC010033972018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.480 OF 2018
IN
SUIT NO.8291 OF 1995
(HIGH COURT SUIT NO.635 OF 1995
Jaya Ramniklal Dhilla & Ors. ...Plaintiffs.
V/s.
Madhusudan Nenshi Chandarana ...Defendant.
Appearances:
Ld. Adv Pankaj Shah for plaintiffs.
Ld. Adv Mukhari for defendant.
CORAM : HER HONOUR JUDGE
SMT. KALPANA S. HORE
COURT ROOM NO.14
DATED : 11th OCTOBER, 2018.
ORDER
1. This is chamber summons taken by defendant / plaintiff in
counter claim in amendment in counter claim.
2. His contention is that plaintiffs have filed suit for declaration that
the partnership firm M/s. Ramesh Cotton Co., be stands dissolved on
the death of the said Mr. Ramniklal N. Dhilla, who was one of the
partners of the said Partnership firm.
3. His further contention is that in pursuance to the consent terms
dated 14.03.1995 arrived between the plaintiffs and defendant in
Appeal No.185 of 1995 arising from the order passed in Notice of
Motion No.622 of 1995 in the Hon'ble High court. In the present suit,
the parties have referred all the disputes to the Sole Arbitrator Shri. S.R.
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Shah and Court Receiver was appointed as a Receiver of all the suit
partnership assets and books of accounts.
4. His further contention is that Sole Arbitration expired then, the
matter is referred to mediation. Meanwhile, suit is transferred to City
Civil Court.
5. His further contention is that during pendency of the suit on
27.02.1999, the Upper District Judge, Sedhwa, Nimad West, M.P.
passed a decree against the suit firm and its partners in Civil Case
No.30/B/92, for a principal amount of Rs.1,52,877.18/ and interest
amounting to Rs.2,24,592.12/ together with Advocate's fees and
expenses aggregating to Rs.4,00,440/. The Decree Holder M/s.
Yashoda Trading Co., had taken out Execution Application No.154 of
2012 in the Hon'ble High Court of Bombay against the suit firm. In
pursuance to the consent terms dated 15.10.2012 entered into between
the plaintiffs in the suit and the defendant herein, he had settled the
said decree and paid a sum of Rs.3,11,000/ to the Decree Holder vide
Pay Order bearing no.003428 dated 13.09.2012 issued by IDBI Bank,
Mulund West Branch in full and final settlement of the said decree and
in view of the said payment of the said sum of Rs.3,11,000/ made by
the defendant, the defendant is entitled to recover 50% thereof from
the plaintiffs, for that he intent to amend the pleadings in his written
statement hence, for amendment in counter claim he has taken
chamber summons.
6. Reply was filed by plaintiff no.2 whose name was deleted as per
order in Chamber Summons No.817 of 2018 on 05.09.2018. She
objected the chamber summons and contending that proposed
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amendment in original counter claim is already barred by law of
limitation. She also contended that counter claim is not registered.
7. Advocates for defendant / plaintiff submitted that amendment in
written statement / counter claim is necessary to decide the disputes
and he claiming amendment as per consent terms in Civil Case
No.30/B/92 and accordingly, he paid amount in execution so, he is
entitled to recover an amount from plaintiff.
8. Plaintiff in suit objected the amendment and contending that
proposed amendment is barred.
9. I have gone through the proposed amendment. The defendant
intent to amend as per the settlement took place during pendency of
suit so, it is be allowed hence, amendment is allowed. The defendant
/plaintiff in counter claim is to pay necessary Court fees on value of
additional counter claim. If counter claim is not registered, it be
registered. Accordingly, I proceed to pass the following order :
O R D E R
1. Chamber Summons No.480 of 2018 is allowed.
2. The defendant /plaintiff in counter claim is to carry out necessary
amendment as per schedule and to pay Court fees on value of
additional counter claim. Counter claim be registered.
3. Chamber Summons No.480 of 2018 stands disposed of
accordingly.
( KALPANA S. HORE )
Judge,
Dated : 11/10/2018 City Civil Court, Gr. MUMBAI
Dictated on : 11/10/2018
Transcribed on : 11/10/2018
Signed on : 11/10/2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
15.10.2018 2.41 p.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Smt. K. S. HORE (CR 14)
Date of Pronouncement of
JUDGEMENT /ORDER
11.10.2018
JUDGEMENT /ORDER signed by
P.O. on
11.10.2018
JUDGEMENT /ORDER uploaded
on
15.10.2018
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