Interim Order 1

Order Details: Chamber summons
Pdf Text: :1: Unregd. Ch/Sum. in L.C.Suit No.937/18
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS (UNREGD.) OF 2018
IN
L.C. SUIT NO.937 OF 2018
M/s Indian Steel Corporation Applicant/Plaintiffs.
V/s.
Municipal Corporation for Greater Mumbai. Defendants.
Advocate Mr. Shailesh Shukla with Advocate Thorat for
Applicant/Plaintiffs.
Advocate Ms. Tondwalkar for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 13th JUNE, 2018
ORAL ORDER
The applicant i.e. plaintiffs have filed present chamber
summons to carry out amendment in the plaint.
2. The plaintiff submits that they have filed suit for
declarations and injunction against the defendants. During the
pendancy of the said suit Designated Officer 'S' Ward of the defendants
once again passed an order dated 02.06.2018 as per the order of the
Court. In the said order, the defendants have issued notice under
Section 351 of MMC Act against the suit premises and plaintiff filed
reply alongwith documents and thereafter defendant has passed order
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in the said matter. After filing suit the Court has directed to the
defendant to pass fresh order in the matter after verifying the
documents submitted by the plaintiff and liberty was also given to the
plaintiff to submit additional documents in respect of suit premises. The
fresh order passed by the defendant was received by the plaintiff on
05.06.2018, thereby directed to the plaintiff to remove the suit premises
within 15 days. Therefore, the plaintiff taken out the present chamber
summons to amend the plaint because the new development in the
matter. The plaintiff also enclosed the copy of notice alongwith the
chamber summons and hence, prayed to allow the chamber summons.
3. Notice of the present chamber summons issued to
defendants. The defendants have filed their reply and stated that the
amendment asked by the plaintiff is in respect of fresh order passed by
MCGM in respect of notice structure, hence the defendants submits to
the order of the Court.
4. Heard advocate Shailesh Shukla with Advocate Thorat for
applicant/plaintiffs and advocate Ms. Tondwalkar for defendant/BMC.
After perusal of notice enclosed with the chamber summons
it is revealed that during the pendancy of the suit as per direction of
the Court, the plaintiff has submitted documents. Thereafter the
defendant again issued notice to the plaintiff on 02.06.2018 under
Section 351 of MMC Act for removal of unauthorized construction. As
it is the subsequent even during the pendancy of the suit, so it is
necessary to plaintiff to add said thing in their plaint. Considering the
said fact, I pass following order :
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ORDER
1. Unregistered Chamber Summons is allowed.
2. The Plaintiff to carry out amendment as per Rules within
15 days of the date of order.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 13/06/2018.
Dictated on : 13/06/2018
Transcribed on : 15/06/2018
Signed on : 15/06/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/06/2018 At 1.53 p.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
13/06/2018
Judgment/Order signed by P.O. on 15/06/2018
Judgment/Order uploaded on 15/06/2018
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