Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum.547/18 in L.C.Suit No.825/18
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.547 OF 2018
IN
L.C. SUIT NO.825 OF 2018
Shamji Dayabhai Shah Educational Trust
Having their office at having their office at
Nanji shamji shah English Medium School,
Dnyandeep Vidyamandir,
Nehru Nagar, Parshuram Godbole Marg,
Kanjurmarg (East), Mumbai400 042. Plaintiff.
V/s.
1. The Municipal Commissioner
The Municipal Corporation of Greater
Mumbai, B.M.C. Main annexed Bldg.,
Mahanagarpalika Marg,
Opp. C.S.T. Station, Mumbai400 001.
2. The Asst. Municipal Commissioner
Municipal Corporation of Greater Mumbai
Office of the 'S' Ward office Building,
Lal Bahadur Shastri Marg, Near Mangatram
Petrol Pump, Bhandup (W),
Mumbai – 400 078.
3. Dy. Chief Engineer
Building Proposal Eastern Suburbs
Paper Mill Compound, L.B.s. Marg,
Vikhroli (West), Mumbai400083 Defendants.
Advocate Mr. Dalal for plaintiff.
Advocate Ms. Tondwalkar for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 18th JULY, 2018
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:2: Ch/Sum.547/18 in L.C.Suit No.825/18
ORAL ORDER
The plaintiff has filed present suit for challenging notice
issued by BMC under Section 351 of the MMC Act dated 01.02.2018.
thereafter on 17.03.2018 plaintiff submitted application before
BMC/Deft. No.3 for regularization of suit structure. Without considering
the documents placed on record deft/BMC passed impugned order
dated 14.03.2018 after filing the present suit. Therefore, plaintiff want
to bring the subsequent event occurred on record. Hence, prayed to
allowed chamber summons as per Schedule.
3. Defendants/BMC filed their say, thereby strongly objected
present chamber summons on the ground that by filing the chamber
summons plaintiff cannot ask for restraining order against the
BMC/Deft. for implementation of order, which is passed by following
due procedure of law. Therefore, the same be dismissed with costs.
4. Heard both the sides :
After perusal of record it is observed that the plaintiff filed
present suit, thereby challenged notice issued under Section 351 of
MMC Act dated 01.02.2018. Thereafter during the pendancy of suit, on
14.03.2018 defendants passed speaking order on the said notice. The
plaintiff by filing present chamber summons wants to bring on record
the subsequent event. The said subsequent event is necessary to
incorporate in the plaint. Hence, I proceed to pass following order :
ORDER
1. Ch/Sum. No.547/18 is allowed in terms of prayer clause 'a'.
2. The plaintiff to carry out necessary amendment as per the
Rules.
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:3: Ch/Sum.547/18 in L.C.Suit No.825/18
3. Ch/sum disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 18/07/2018.
Dictated on : 18/07/2018
Transcribed on : 19/07/2018
Signed on : 19/07/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/07/2018 At 11.29 a.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
18/07/2018
Judgment/Order signed by P.O. on 19/07/2018
Judgment/Order uploaded on 20/07/2018
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