Final Order 1

Order Details: Chamber summons
Pdf Text: 07.06.2018
27
Coram: A. A. Nandgaonkar Judge, City Civil Court,
Mumbai.(C.R.20)
SU 2634/10 Adv. B. A. Singh Present for the Plff.
Adv. Shukla Present for the Applicant.
None Present for the Deft.
As per service affidavit Deft counsel served on 22/03/2018
about CS no. 549/18. However the Deft no. 1 (a, b, c) and 3
and Court Receiver failed to appear to file reply to the CS
549/18.
Hence CS no. 549/18 proceeded without reply of Deft no.
1(a,b,c) and 3 and court Receiver.
None appear for Court Receiver.
Deft no.2 Santosh Singh reported Expired.
Heard Ld counsel for the Plff on CS no. 549/18.
In view of the submission by Ld counsel for the Plff and
applicant CS no. 1620/17 is withdrawn and not press on
16/03/2018. However it entry in CIS system for disposal
remain to be taken. Hence it is taken today. CS no. 1620/17
stands disposed of as withdrawn.
When called none appear for the Deft for hearing of CS
241/17. the Ld counsel for the Plff submitted that RAD suit no.
754/2010 before Hon'ble Small Cause court Mumbai Already
disposed of on merit on 05/05/2017. hence question of the
amened in that suit by way of this CS no 241/17 does not
survive now. Hence CS no. 241/17 being not maintable stands
disposed as dismissed. No order to costs.
F.R.S.R Following order of CS 549/18.
1. Chamber Summons No.549 of 2018 in Suit No.2634 of 2010
is made absolute.
2. The name of applicants be inserted as plaintiff Nos.1(a) to
1(d) in the array of plaintiffs in Notice of Motion No.4702 of
2016.
3. Necessary amendment be carried out in the Notice of
Motion No.4702 of 2016 within a week and amended copy of
notice of motion be placed on record and serve to the other
side.
4. Parties to bear their costs.
Hence CS no. 266/17 and NM 4702/16 are kept for hearing
after amendment on 15/06/2018.
Judge
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