Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 588/2020 in Stamp No. 4910/2020. 1 Order.
MHCC010045012020
Presented on : 19-10-2020
Registered on : 20-10-2020
Decided on : 23-10-2020
Duration : 0 years, 0 months, 4 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 588 OF 2020
IN
STAMP NO. 4910 OF 2020
Ms. Shahenaz Mehboob Qureshi ...Plaintiff
Versus
Municipal Corporation of Greater Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 23rd OCTOBER, 2020.
Mr. Ashok Saraogi with Mr. Jaggi, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a chamber summons taken out by plaintiff to
incorporate speaking order dated 14/10/2020 as part and parcel of the
pleading. Heard ld. Adv. Ashok Saraogi at sufficient length.
2. Perused reply endorsed below chamber summons. Ld. Adv.
Tondwalkar for MCGM submits that admittedly it is a subsequent event.
However, it was expected on the part of plaintiff to wait for speaking
order when reply was filed by him. However, reply was given by the
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Ch/s No. 588/2020 in Stamp No. 4910/2020. 2 Order.
plaintiff and on the same day he preferred this suit. It shows malafides
on the part of plaintiff. It is prayed to proceed for appropriate order.
REASONS
3. Impugned notice is dated 21/09/2020. Plaintiff has replied
the said notice on 08/10/2020. Admittedly on the same day present
suit came to be preferred. However during pendency of the suit,
speaking order came to be issued by the MCGM on 14/10/2020.
4. During course of arguments on notice of motion, both side
has referred the speaking order. Admittedly it is a subsequent event.
Hence, it deserves to be allowed to amend the plaint and notice of
motion. Hence the order :
- ORDER -
1. Ch/s No. 588/2020 is allowed, no order of cost.
2. Plaintiff to amend the plaint and notice of motion within
ten days from uploading the order.
3. Copy of amended plaint be supplied to defendant.
4. Ch/s No. 588/2020 is disposed off.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 23/10/2020. Mumbai.
1. Dictated on : 23/10/2020.
2. Transcribed on : 27/10/2020.
3. Signed on : 27/10/2020.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 588/2020 in Stamp No. 4910/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
28/10/2020. 2.24 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 23/10/2020.
Judgment/Order signed by P.O. on 27/10/2020.
Judgment/Order uploaded on 28/10/2020.
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