Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION NO. OF
IN
L.C.SUIT NO.1031 OF 2018
Shri. Krishna Vithal Kamble …. Plaintiff
V/s.
Municipal Corporation of
Gr.Mumbai. ...Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 23/09/2024
Adv. Patel h/f Adv. Thorat for the plaintiff.
Adv. Amar Patil for the defendants/BMC.
ORAL ORDER
This draft Notice of motion is taken out by plaintiff
for extension of time to carry out amendment as per order
dated 04.09.2024 in Ch/s.No.1744/2024. On the other hand,
Defendant/BMC objected present draft notice of motion.
2. Read Draft Notice of motion, reply filed by the
defendants/ BMC. Heard both the sides.
3. This is a suit for declaration and injunction. On
perusal of record and proceeding, it appears that as per order
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passed in Ch/s. 1744/2024, plaintiff permitted to carry out
proposed amendment. By this NM plaintiff sought extension of
time to carry out amendment. Grounds mentioned by the
proposed plaintiff found to be just and reasonable one. Delay
on the part of plaintiff is not intentional one. If, proposed
plaintiff permitted to carry out amendment vide order dated
04.09.2024, it will not cause prejudice to the rights of
defendant. Therefore, in view of Order VI Rule 18 of the Code
of Civil Procedure, it is just and equitable in the eye of law to
extend time to comply order dated 04.09.2024 in Ch/s.No
1744/2024. Accordingly , I proceed to pass following order.
ORDER
1. Draft Notice of motion is made absolute in terms of
prayer clause (a).
2. Proposed plaintiff/ applicant is permitted to carry out
proposed amendment vide order dated 04.09.2024 in
Ch/s. No.1744/2024 till next date.
3. Both the parties to take note of this order.
4. Draft Notice of Motion is disposed off.
5. Draft Notice of motion be registered for statistical
purpose.
Date- 23/09/2024 (R. B. Parvekar)
Judge, City Civil Court
Gr. Mumbai
D i c t a t e d o n : 2 3 / 0 9 / 2 0 2 4
Ty p e d o n : 2 3 / 0 9 / 2 0 2 4
s i g n e d o n :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
25/09/2024 04.30 p.m. ( Mayuresh
P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. B. Parvekar (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
23/09/2024
JUDGMENT/ORDER signed by
P.O.on
25/09/2024
JUDGMENT/ORDER uploaded on 25/09/2024
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