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Court Order

Final Order 1

CNR MHCC01004648201819 Apr 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 19 Apr 2018 · CNR MHCC010046482018

Order Details: Chamber summons
Pdf Text: Ch/s 687 of 2018 : 1 : L.C.Suit.No.829 of 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Chamber summons 687 of 2018
IN
L.C.SUIT NO.829 of 2018
Amrish Dinesh Savla ... Plaintiff
Versus
MCGM ... Defendants
Ld. Advocate Shri Puranik for plaintiff
Ld Adv.Smt. Chavan for defendant/corporation
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 19th April 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this Chamber summons for
amendment of plaint under order 6 rule 17 of the Code of Civil
Procedure, 1908.
2 According to the plaintiff, by this suit, he has challenged
the notice dated 10/3/2018 U/s 354 A of the MMC Act. The notice is
bad in law and issued malafidely .Subsequently the designated officer
has passed the order therefore, this is subsequent event. Plaintiff wants
to challenge the said order and also wants to amend the prayer clause
of the plaint seeking declaration in respect of the said order. The event
is subsequent and necessary to determine the controversy between the
parties. Hence, prayed to allow the chamber summons.
3 Defendant corporation has filed say and resisted the
chamber summons on the ground that plaintiff has fresh cause of
action on the basis of the order hence, prayed to reject the chamber
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Ch/s 687 of 2018 : 2 : L.C.Suit.No.829 of 2018
summons.
4 I have heard Both the sides.
5 Perused the record. Plaintiff had challenged the notice U/s
354 A of the MMC Act. Subsequently, defendant has passed order in
consequence of the notice. Thus, this is subsequent event and it is
necessary to come on record. I have also perused the proposed
amendment. By way of proposed amendment the nature of suit does
not change. Hence following order:
ORDER
1 Chamber Summons No 687/2018 is hereby allowed.
2 Plaintiff is directed to make amendment as per
schedule within 14 days.
3 Chamber Summons is disposed of accordingly.
Date 19/04/2018 (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 19.04.2018
Typed on : 20.04.2018
Signed by HHJ. : 21/04/2018
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Ch/s 687 of 2018 : 3 : L.C.Suit.No.829 of 2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
21/04/2018 Mrs. S.D.Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
19/04/2018
JUDGEMENT/ORDER signed
by P.O. on
21/04/2018
JUDGEMENT/ORDER
uploaded on
21/04/2018
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