Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 511-18 IN LC Suit 3068-08
CNR MHCCO1 - 003538-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
CHAMBER SUMMONS NO.511 OF 2018
IN
L.C. SUIT NO.3068 OF 2008
Mohamed S/O Hassan Muslim ]... Plaintiff.
Versus
1. The Municipal Corporation of ]
Greater Bombay & Ors. ]... Defendants
And
Mrs. Pervin Homi Irani & Ors. ]... Applicants
Coram : M.S. Deshpande, Judge
(Court Room no. 05)
Date : 9th March, 2018.
Ms. Kamal Choudhary, advocate for plaintiff.
Mrs. Chandramore, advocate for defendants.
Mr. Rahul Jain, advocate for defendant no.2.
ORDER
1. The plaintiff has taken out this chamber summons for
bringing the legal representative of defendant no.2 on record.
According to the plaintiff, though the defendant no.2 died on
28.10.2013, on 7.2.2018 the Learned Advocate for the defendant no.2
informed about the factum of death and accordingly the plaintiff has
taken out this chamber summons.
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2 CH-S 511-18 IN LC Suit 3068-08
2. The Learned advocate for the legal representative of
defendant no.2 has consented to allow the chamber summons. On the
other hand, the Advocate for the defendant Corporation objected to
allow the chamber summons on the ground that there is delay and the
same is not explained.
3. The plaintiff has sought declaration about the legality and
vires of the notice issued under Section 351 of MMC Act and further for
consequential relief of injunction.
4. Considering the date of death of defendant no.2, the suit is
already abated against the defendant no.2. No relief has been sought
for against the defendant no.2. Considering the date when the
advocate for the deceased defendant no.2 informed about the factum
of death, the chamber summons requires to be made absolute in terms
of prayer clause (a) and (b). Plaintiff to carry out the necessary
amendment and complete formality of registration of chamber
summons within two weeks. Therefore, the following order is passed:
ORDER
1. The Chamber Summons no.511 of 2018 is made absolute in
terms of prayer clause (a) and (b).
2. Plaintiff to carry out necessary amendment.
Sd/
(M.S. Deshpande)
Judge,
09/03/2018 City Civil Court, Mumbai.
Dictated on : 09/03/2018
Transcribed on : 15/03/2018
Signed by HHJ on : 16/03/2018
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3 CH-S 511-18 IN LC Suit 3068-08
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 16.03.2018 At 5.56 p.m.
NAME OF STENOGRAPHER : Mrs. V. U. Pawar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
09.03.2018
JUDGMENT/ORDER signed by
P.O. on
16.03.2018
JUDGMENT/ORDER uploaded
on
16.03.2018
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