Order 1

Order Details: Notice of Motion
Pdf Text: NM 130718 in L.C. SU 101507 : 1 : Dt. 21.06.2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 1307 OF 2018
(CNR NO. MHCC010041482018)
IN
LONG CAUSE SUIT NO. 1015 OF 2007
(CNR NO. MHCC010018222007)
Smt. Padma Tushar Waghela ...Plaintiff
Vs.
1. The Municipal Corporation Of
Greater Bombay
2. The Asstt. Commissioner of
Municipal Corporation Of
Greater Bombay, M West Ward ...Defendants
CORAM : HER HONOUR JUDGE
SMT. SANJASHREE J. GHARAT
(C.R. NO.08)
DATE : 21.06.2018.
Adv. Mr. Shukla for Plaintiff present.
Adv. Ms. Tadvi for Defendant / BMC present.
ORAL ORDER
The present Notice of Motion is filed by the Plaintiff
seeking amendment in the Plaint. It is submitted by the Plaintiff that
Chamber Summons No. 1109 of 2016 was taken out for carrying out
amendment in the Plaint. The said Chamber Summons came to be
allowed. However, the Plaintiff failed to carry out amendment within
stipulated period. Thereafter the extension of time to carry out
amendment came to be rejected.
2. Thereafter plaintiff filed Notice of Motion No. 2832 of 2017
which came to be allowed and permission granted to carry out
amendment. Thereafter Plaintiff tried to carry out the amendment.
-- 1 of 3 --
NM 130718 in L.C. SU 101507 : 2 : Dt. 21.06.2018
However, while carrying out the amendment Plaintiff realised that
Schedule annexed to the Chamber Summons No. 1109 of 2016
mentioned that the proposed amendment be added to the Plaint as Para
Nos. 21A to 21D. However, Para No. 21A to 21D was already in
existence in the Plaint. Therefore, said amendment could not be carried
out. Therefore, present Notice of Motion is filed by the Plaintiff to
allow them to carry out amendment in Chamber Summons in respect of
proposed para, she intends to amend.
3. The Defendant / Corporation filed say and resisted the
application.
4. It is submitted by the defendant / Corporation that Notice
of Motion is not maintainable. The defendant / Corporation submitted
that for prolonging the suit the plaintiff wants to amend the Plaint due
to which the nature of suit is also changed. Therefore defendant /
Corporation prayed to reject the Notice of Motion filed by the plaintiff.
5. Heard Ld. Counsel appearing on behalf of both the parties.
6. The Proposed amendment which Plaintiff is seeking is
formal in nature. It will not change the nature of suit. Therefore, it is
necessary to allow the Plaintiff to carry out the proposed amendment.
However, it is necessary to saddle some cost as Plaintiff is proceeding
with matter in very casual manner. Hence, I proceed to pass following
Order :
ORDER
1. The Notice of Motion no. 1307/18 is allowed and
-- 2 of 3 --
NM 130718 in L.C. SU 101507 : 3 : Dt. 21.06.2018
made absolute in terms of prayer clause (a)(b)(c) subject to
cost of Rs. 1,000/.
2. The plaintiff is directed to carry out the necessary
correction number of para annexed to the schedule and
carry out amendment within seven days from the date of
order.
(Sanjashree J. Gharat )
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 21.06.2018.
Dictated on : 21.06.2018.
Transcribed on : 30.06.2018.
Signed on : 05.07.2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07.07.2018 at 12.15 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SANJASHREE J. GHARAT
(C.R. NO.08)
Date of Pronouncement of
JUDGMENT/ ORDER
21.06.2018.
JUDGMENT/ORDER signed by P.O.
on
05.07.2018.
JUDGMENT/ORDER uploaded on 07.07.2018.
-- 3 of 3 --