Final Order 1

Order Details: Chamber summons
Pdf Text: CH/S No.600/2020 .. 1.. L.C. Suit No.93/2021
MHCC010046002020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 600 OF 2020
(CNR NO. MHCC010046002020)
IN
L.C. SUIT NO. 93 OF 2021
Mr. Vinayak Namdeo Koli )...Applicant
(Org. Plaintiff)
IN THE MATTER BETWEEN
Shri. Vinayak Namdeo Koli )
An adult, Indian Inhabitant, aged )
about 63 years retired, at House No. )
168/G, Bhavni Bai Koli Niwas, C.S. )
No.587, Dharavi Koliwada, Dharavi, )
Mumbai – 400 017. )....Plaintiff
Versus
1. Assistant Engineer & Designated )
Officer, G/North Ward, G North )
Ward Building, Harishchandra )
Yewle Marg, Behind Plaza Cinema, )
Dadar, Mumbai – 400 028. )
2. Mumbai Corporation of Greater )
Mumbai having head office at )
Mahapalika Building, Opp. CST, )
Mahapalika Marg, Mumbai – 400 001)....Defendants
APPEARANCE :
Ld. Adv. Jamshed Ansari for the applicant/plaintiff.
Ld. Adv. Abhijit Mangade for the defendants/MCGM.
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CH/S No.600/2020 .. 2.. L.C. Suit No.93/2021
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 30th APRIL, 2021.
ORDER
Read the Chamber Summons moved by plaintiff. Reply
filed by defendants. Heard both the learned advocates.
2. This chamber summons is moved by plaintiff to
incorporate the pleadings mentioned in schedule annexed along with
the chamber summons.
3. On perusal of the pleadings in the schedule of amendment
annexed with the chamber summons, it appears that the proposed
pleadings are in the form of support to the earlier pleadings in plaint.
The proposed pleadings appear to be in the form of explanatory as well
as extension of the earlier pleadings in plaint. Nowhere it appears that
the proposed pleadings in the schedule of amendment if allowed to
come on record will change the nature of suit. Plaintiff wants to rely
upon some of the documents which out of short notice at the time of
filing of suit could not be relied upon. If the nature of proposed
amendment sought in the schedule of amendment annexed to the
chamber summons is given thought, it will in no way prejudice
defendants in any manner. Trial has not commenced. Therefore, there
is no hurdle in giving opportunity to plaintiff to put up his case by
allowing the chamber summons. Therefore, I proceed to pass following
order
ORDER
1. Chamber Summons No.600/2020 moved by plaintiff is hereby
allowed.
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CH/S No.600/2020 .. 3.. L.C. Suit No.93/2021
2. Plaintiff is permitted to carry out proposed amendment as prayed
within stipulated time.
3. Costs in cause.
4. Chamber Summons No.600/2020 is accordingly disposed of.
Sd/
(Smt. C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 30.04.2021 City Civil Court, Gr. Bombay
Directly dictated on Com :30.04.2021.
Checked on :30.04.2021.
Signed on :04.05.2021
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CH/S No.600/2020 .. 4.. L.C. Suit No.93/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 30.04.2021, 12.01 pm.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
30.04.2021
JUDGMENT/ORDER signed by
P.O. on
04.05.2021
JUDGMENT/ORDER uploaded on 04.05.2021
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