Interim Order 2

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum. (Unregd.) 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
through Partner Jitendra Balvir Singh
Age 69 years, an adult, Occ. Business,
Indian Inhabitant of Mumbai, having
Address at ISC Compound, Janta Market,
Subhash Road, L.B.S. Marg,
Bhandup (west), Mumbai – 400 078. Plaintiff.
V/s.
The Municipal Corporation of Greater Mumbai,
“S” Ward, Designated Officer,
Asst. Engineer (B&F)I, L.B.S. Road,
Near Mangatram Petrol Pump,
Bhandup (West), Mumbai400 078. Defendants.
Advocate Mr. Shailesh Shukla for Plaintiffs.
Advocate Ms. Tondwalkar for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 18th JULY, 2018
ORAL ORDER
The plaintiff has filed present suit for declaration and
injunction against the defendants. During the pendancy of the present
suit on 04.07.2018 Designated officer of 'S' Ward issued notice under
Section 351 of MMC Act to the plaintiff. Plaintiff wants to bring said
subsequent fact on record. Therefore, he filed present chamber
summons to carry out necessary amendment as per the Schedule
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:2: Ch/Sum. (Unregd.) in L.C. Suit No.937/18
enclosed with the chamber summons.
2. Defendant/BMC filed their say, thereby strongly objected
present chamber summons on the ground that by filing the present
chamaber summons the plaintiff cannot ask for restraining order in the
present chamber summons as per the procedure established by law.
Hence, prayed to reject the Chamber Summons.
3. Heard both the sides :
After perusal of record it is observed that after filing the
present suit on 04.07.2018 the defendant issued fresh notice under
Section 351 of MMC Act. As far as prayer of restraining is concerned the
plaintiffs have to file separate notice of motion, which they already
filed. As it is the subsequent event therefore, it is necessary to bring the
said fact on record. Hence, I proceed to pass following order :
ORDER
1. Ch/Summons (Unregd) is allowed in terms of prayer clause 'a'.
2. The plaintiff to carry out necessary amendment as per the Rules.
3. The plaintiff to register the chamber summons for statistical
purpose.
(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
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:3: Ch/Sum. (Unregd.) in L.C. Suit No.937/18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
20/07/2018 At 11.25 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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