Interim Order 1

Order Details: Chamber summons
Pdf Text: CNR NO : MHCC01-004779-2018. .1. Draft Chamber Summons in
L.C. Suit No. 1065/2018.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO. 1065 OF 2018.
Rajendra Roshanlal Kothari. …..………………….. …... Plaintiff.
V/s.
MCGM. ….………………………………………….. …... Defendant.
CORAM : SHRI. A.G. SANTANI.
(Court Room No.11).
DATED : 13th September, 2023.
APPEARANCES :
Mr. Mukesh S. Dubey, Ld. Advocate for the Plaintiff.
Mr. G.O. Giri, Ld. Advocate for the Defendant/MCGM.
01. The plaintiff has taken out this Chamber Summons (for the
short the Ch/s.), U/O. VI Rule 17 of the Civil Procedure Code, 1908, for
amendment in the plaint. Perused the Ch/s., his accompanying affidavit
and say of the defendant. Heard both the sides.
02. Considering the record, the points for determination, along
- with my findings and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the proposed amendment is
necessary for deciding the real question
in controversy between the parties ?…. .....Yes.
(ii). What Order ? .............…....................... …. As per final Order.
-: REASONS FOR THE FINDINGS :-
AS TO POINT NO. 1 :
03. By this Ch/s., the plaintiff came with a specific case that in
view of the reply, the defendant informed that the Speaking Order was
passed on 16.08.2017 and the copy was annexed as per Exhibit - E. The
said Order is illegal and bad in law. It is also contrary to the provisions
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CNR NO : MHCC01-004779-2018. .2. Draft Chamber Summons in
L.C. Suit No. 1065/2018.
of law. The plaintiff is apprehending demolition of this structure. In fact,
the defendant has no authority to take the action of demolition, as this
matter is sub-judice. This Order has been passed without application of
mind and the defendant did not follow the due process of law as well as
settled guidelines. Hence, it has been necessary to incorporate the said
facts with additional reliefs for declaration and perpetual injunction as
against the said Order. The defendant objected this Ch/s. mainly on the
count that it would change nature of the suit.
04. Considering the rival submissions, at the outset, it is worth
notable that initially, NM No. 1780/2018 was filed by the plaintiff and,
in view of this Speaking Order, now, he preferred a Draft NM with this
Ch/s. for amendments. Surely, this, being an event occurred subsequent
to filing of this suit, requires to be incorporated in the plaint. The suit is
still at initial stage. Moreover, the proposed amendments are formal in
nature and would also facilitate this Court to adjudicate the suit issues
finally. Hence, I answered point No.1 in the affirmative and to answer
point No. 2, I pass the following Order :
-: O R D E R :-
(i). Draft Chamber Summons is made absolute in terms of
prayer clause (a) and (b) only. Accordingly, the plaintiff is
called upon to carry out the proposed amendment in the
plaint, positively till the next date and to file copy of
amended plaint simultaneously.
(ii). The plaintiff to get registered this Draft Chamber
Summons, till the next date, for the statistical purpose.
(iii). Draft Chamber Summons is, accordingly, disposed of.
{A.G. Santani}
Mumbai. Judge,
Dated : 13.09.2023. City Civil Court, Mumbai.
Dictated on : 13.09.2023.
Transcribed on : 13.09.2023.
Checked and Signed on : 14.09.2023
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CNR NO : MHCC01-004779-2018. .3. Draft Chamber Summons in
L.C. Suit No. 1065/2018.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
15.09.2023 at 10.55 a.m.
Name of the Stenographer
Mrs. S.R. Mejari
Name of the Judge (with Court Room No.) HHJ Shri A.G. Santani
(Court Room No.11).
Date of Pronouncement of Judgment/Order 13.09.2023
Judgment/Order signed by P.O. on 14.09.2023
Judgment/Order uploaded on 15.09.2023
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