Interim Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO.1329 OF 2020
(CNR NO.MHCC01-004063-2020)
Sirajuddin Mohammed Yusuf Shaikh ….Plaintiff.
V/s.
Mumbai Corporation of Gr. Mumbai & Ors. ....Defendants.
Appearance :
Adv. Suraj Kudalkar for plaintiff.
Adv. Ruhi Hajare for defendants /BMC.
Adv. Mrunal Mulye h/f Adv. Sanket Mungle for defendant No.6.
CORAM : HIS HONOUR JUDGE
SHRI. R.V. BHAKTA
(COURT ROOM NO.06)
DATE : 18th DECEMBER, 2025.
ORAL ORDER
This Chamber Summons taken by the plaintiff to amend the
plaint and pending Notice of Motion as per the Schedule annexed in the
Chamber Summons.
2. The plaintiff averred that, the present Suit is filed by him thereby
seeking declaration from this Court that he is the authorized tenant in
respect of the suit premises, viz. Two commercial premises Godown and
that he is entitled for permanent alternative accommodation in respect
of the two commercial premises and further reliefs as prayed for
therein. Few of the occupants of the said plots came together and
formed a Co-operative Housing Society by name Green Maharashtra Co-
operative Housing Society (Proposed) and the said Society appointed
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M/s. Rubberwala Constructions to develop the suit premises i.e.
defendant No.6 in the present Suit. The above suit and the pending
Notice of Motion are field against defendant No.6, original described as
Rubberwala & Royal Developers. On 09.12.2025, when the matter was
called out before this Court, the Ld. Advocate for defendant No.6
informed that the said defendant No.6 has changed its constitution and
name to “RUBBERWALA & ROYAL DEVELOPERS LLP” and the same
registered u/S.58(1) of the LLP Act, 2008. The plaintiff further
submitted that, such change is only in the name and legal status due to
reconstitution and does not affect the cause of action or the rights of the
parties, therefore it is necessary to amend the plaint as well as the
Notice of Motion to correctly reflect the new and proper description of
defendant No.6 in order to avoid technical objection and for effective
adjudication of the proceedings. Therefore, prayed to allow this
Chamber Summons.
3. The defendants / BMC has taken strong objection to this Chamber
Summons on the ground that, the plaintiff has taken out the present
Chamber Summons at belated stage and has not given any bonafide
reason of delay caused. Hence, Chamber Summons be rejected with
cost.
4. The defendant No.6 submitted no objection if this Chamber
Summons get allowed.
5. I have gone through Chamber Summons, say and heard both the
parties.
6. In my view, by way of this Chamber Summons the plaintiff wants
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to change the name of defendant No.6 in the cause title of the
proceedings as well as the Notice of Motion. If this Chamber Summons
is allowed, then the nature of real suit will not changed, nor it will
affects the merit of the case. Hence, for the ends of justice and to decide
legal controversy between the parties, the Chamber Summons needs to
allow. Furthermore, if this Chamber Summons allowed, then no
prejudice will be caused to the either side. Hence, following order :
ORDER
1. The Draft Chamber Summons is allowed.
2. Accordingly, the plaintiff is directed to carry out necessary
amendment on or before next date.
3. Cost in main cause.
4. The Draft Chamber Summons be register and dispose of for
the statistical purpose.
(R.V. BHAKTA)
Judge,
City Civil Court,
Date: 18.12.2025 Gr. Bombay.
Dictated on : 18.12.2025
Signed on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
18/12/2025 05.55 p.m. N.S. Bakre
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ SHRI. R.V. BHAKTA
(C.R.NO.06)
Date of pronouncement of Judgment/
Order
18.12.2025
Judgment/Order signed by P.O. on 18.12.2025
Judgment/Order uploaded on 18.12.2025
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