Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100687/2019
Ms Axix Realty Vs MCGM And Ors
Date : 18-01-2020
Business : Plaintiff and advocate are absent. Adv. Mrs. Rawade for
defendant MCGM Present ORDER ON CHAMBER
SUMMONS NO. 687/2019- Heard advocate for plaintiff and
the defendant. The Ld. Adv. submitted that, the plaintiff by
this notice of motion seeks to bring subsequents facts on
record ie. the orders passed by the Hon&amp#039ble
High Court in writ petition no. 2141/2012 dtd. 22/06/214.
Pursuant to the order the Deputy Chief Engineer concluded
that the defendant no.2 had reconstructed the structure and
earlier permission was revoked. The Ld. adv. for
defendant/corporation objected on the ground that there is a
delay in making the application with the delay is not
explained. The defendant no.3 also objected the chamber
summons. In order to avoid multiplicity of suit, the
amendment needs to be allowed. The defendants has not
stated as to how the nature of suit will change. No prejudice
would be caused to the defendants in the interest of justice,
the chamber summons needs to be allowed. In result the
following order is passed - O R D E R 1) The Chamber
Summons no. 687/2019 is allowed. 2) The plaintiff to carry
out the necessary amendment in the plaint within 14 days date
from the order. 3) The Chamber Summons Stands disposed of
as allowed. Defendant no.3 in person present and filed draft
misc. application t.o.r. Order- Other side to say. Misc.
Application be register. Mater is adjd to 24.02.2020 for say .
Nature of Disposal : ALLOWED
Disposal Date : 18-01-2020
COURT 5 ADDL SESSIONS JUDGE
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