Final Order 1

Order Details: Chamber summons
Pdf Text: :1:Order on CS no.83518 in L.C. Suit No.218217
CNR NO. MHCC010095492017
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
CHAMBER SUMMONS NO.835 OF 2018
in
L.C. SUIT NO.2182 OF 2017
Greta Fernandes ]...Plaintiff.
Versus
M.C.G.M. & another ]..Defendant.
Mr. P. D. Gandhi, advocate for the Plaintiff.
Ms. Chandramore, advocate for defendant no.1.
Ms. Reema Mishra, advocate for defendant no.2.
CORAM : M.S. Deshpande, Judge
(Court Room no.5)
DATED : 5th July, 2018
O R D E R
1. The defendant no.2 has taken out this chamber summons
seeking expeditious and time bound hearing and disposal of the suit on
the ground that both the plaintiff and the defendant no.2 are senior
citizens and as per circular dated 30/08/2009, the suit is required to be
disposed of expeditiously. The Ld. Advocate for the defendant no.2
submitted that the plaintiff is delaying the matter. The plaintiff has not
followed the time limit fixed in W.P.No. 2312 of 2015.
2. On the other hand the Ld. Advocate for plaintiff submitted
that the chamber summons is not tenable. The defendant no.2 has to
take out a notice of motion in view of rule 143 of the Bombay City Civil
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and Sessions Court Rules(Said Rules). It is further submitted that ad
interim relief has been granted to the plaintiff by directing the
defendant that no coercive action be taken against the plaintiff.
3. Considering the submissions made by the rival advocates, it
is necessary to direct expeditious hearing and disposal of the notice of
motion and the suit in view of the aforesaid circular dated 30/08/2009,
in time bound manner.
4. So far as the the objection about the maintainability of the
chamber summons is concerned, Rule 143 quoted by the Ld. advocate
for the plaintiff does not deal with the matter in dispute. It pertains to
computation of time. Rule 43 of Chapter IV ( Chamber Business) of the
aforesaid rules deals with chamber work enumerated in clauses(a) to
(aa). The Clause(v) which deals with applications relating to conduct or
frame of the suits to the hearing and Clause(aa) which deals with such
other matters and are not expressly required to be disposed of in the
court and which the Judge thinks fit to be heard in chambers and such
other applications etc. would cover the relief of expeditious and time
bound hearing of the suit as sought by the defendant no.2. So also the
Rules 187 to 193, Chapter XVIII of the said Rules which deal with
motions, would not cover an application for expeditious hearing.
5. In the circumstances, for the reasons recorded above,
following order is passed :
ORDER
1. The Chamber summons no. 835 of 2018 is made absolute in
terms of prayer clause(a) as follows:.
(i) The notice of motion be heard expeditiously and
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decided before 31/07/2018.
(ii) The defendants to file written statement on or before
31/08/2018.
(iii) The suit be heard and finally disposed of positively
on or before 31/12/2018.
(M.S. Deshpande)
Adhoc Judge
City Civil Court
Direct typed on : 05.07.2018
Checked on : 05.07.2018
Signed by HHJ on : 09.07.2018
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:4:Order on CS no.83518 in L.C. Suit No.218217
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
09.07.2018 at 1.00 p.m. Mrs. Rupali S.Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI M. S. Deshpande (Court
Room No.05)
Date of Pronouncement of
JUDGEMENT/ORDER
05.07.2018
JUDGEMENT/ORDER signed by
P.O. on
09.07.2018
JUDGEMENT/ORDER uploaded on 09.07.2018
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