Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1062 OF 2019
IN
S.C.SUIT NO.2121 OF 2018
M/s.Chetana Book Depot. ... Plaintiff
V/s
1. Terana English High School & Ors. ... Defendant
APPEARANCE:
Advocate Mr.Lakhani for plaintiff.
None for defendant.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 27th January, 2020
ORDER
Advocate for defendant no.5 taken out Chamber Summons with
prayer that defendant no.5 is not playing any role in the entire
transaction and therefore, cause of action does not arose against her
because she is acting as a principal of Terana English High School.
Lastly, it is pointed out that her name be strike out as an party
defendant no.5.
Say of other side is called. Advocate for plaintiff file written reply
on record and submitted that plaintiff have no objection if the name of
defendant no.5 is strike out because she is not being a trustee of
defendant nos.1 to 4.
I have perused record and written reply of plaintiff. It is a sweet
choice of plaintiff to prosecute any person or not to prosecute any
person if cause of action arose. However, in the present suit prima faice
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it is disclose that there is transaction in between defendant nos.1 to 4
with plaintiff there is no single allegation against defendant nos.5. As
rightly pointed out by advocate for defendant no.5 she is only principal
of defendant trust plaintiff admitted that she is not trustees and
therefore, no cause of action arose against her. Moreover, there is no
allegation against her regarding transaction. Relying on no objection
given by plaintiff. I proceed to pass following order.
ORDER
1. Chamber Summons No.1062 of 2019 is made absolute in terms of
prayer clause (b).
2. Plaintiff is directed to take necessary step to delete the name of
defendant no.5 Mrs.Heena Samani as a party defendant.
3. Chamber Summons No.1062 of 2019 is disposed of in the above
said terms.
Date:27/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 27/01/2020
Typed on :27/01/2020
H.H.J.Signed on :27/01/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
27/01/2020 at 4.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
27/01/2020
JUDGMENT/ORDER signed by P.O. on 27/01/2020
JUDGMENT/ORDER uploaded on 27/01/2020
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