Final Order 1

Order Details: Chamber summons
Pdf Text: Draft Ch/s in Stamp No. 4779/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. OF 2020
IN
STAMP NO. 4779 OF 2020
Mr. Phoolchand Lalta Prasad Jaiswal ...Plaintiff
Versus
The Municipal Corporation For Greater Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 17th OCTOBER, 2020.
Mr. Mukesh Dubey, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a chamber summons taken out by plaintiff for
amendment in the plaint as speaking order came to be issued on
13/10/2020. Heard ld. Adv. Mukesh Dubey for plaintiff at sufficient
length.
2. Perused reply endorsed by Adv. Tondwalkar for MCGM. It is
submitted that it was the duty of plaintiff to submit reply and prefer the
suit after issuance of speaking order. It is added that speaking order is a
reasoned order, the copy is produced by the MCGM, therefore it can be
considered without any amendment in the plaint. It is requested to
reject the chamber summons.
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Draft Ch/s in Stamp No. 4779/2020. 2 Order.
REASONS
3. It is to note that notice under Section 354A of MMC Act
dated 25/09/2020 is under challenge. In the first speaking order dated
29/09/2020 the reply submitted by the plaintiff dated 26/09/2020 was
not considered. Therefore in view of order in roznama dated
07/10/2020, this Court has directed to proceed for fresh speaking
order. Hence, it would be appropriate to record subsequent event as a
part of pleading for appropriate adjudication. Hence the order :
- ORDER -
1. Draft Chamber Summons is allowed.
2. Plaintiff to carry out the amendment on or before
19/10/2020.
3. No order of cost.
4. Ch/s be register for statistical purpose.
5. Plaintiff to register suit and both notice of motion to
expedite hearing.
6. Draft Ch/s is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 17/10/2020. Mumbai.
1. Dictated on : 17/10/2020.
2. Transcribed on : 17/10/2020.
3. Signed on : 17/10/2020.
4. Delivered to Certified :
Copy Section on
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Draft Ch/s in Stamp No. 4779/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/10/2020. 2.14 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 17/10/2020.
Judgment/Order signed by P.O. on 17/10/2020.
Judgment/Order uploaded on 17/10/2020.
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