Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C.S.843 of 2018
CNR: MHCC01-006002-2018
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.843 OF 2018
IN
L.C.SUIT NO.1773 OF 2015
1. Mr. Prakash Gangaram Shirke
(Now deceased)
Mr. Ganesh Gangaram Shirke & Anr. .. Plaintiffs
V/s.
1. Asst. Municipal Commissioner & Anr. .. Defendants
Appearance:
Adv.Tripathi for plaintiffs.
Adv .Soraan for defendants/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 02/01/2023.
ORDER
1 The plaintiff No.2 has taken out this Chamber Summons
for amendment in the suit plaint.
2 The Chamber Summons has been replied and opposed by
the defendant/Corporation.
3 Heard.
4 The Adv. for plaintiff made submission that his advocate
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2 C.S.843 of 2018
visited the office of defendant No.1 and the Encroachment Officer
shown a circular in respect of directions issued by Hon'ble Apex Court
providing that Hawker is not entitled to cook food at the place of
hawking and sell it there. The street vendor can only sell ready food
items. Considering said circular, the plaintiff is ready and agree to
comply with the directions in said circular and state that he will sell
only ready food items from the suit premises. The averment to that
effect needs to be incorporated in the suit. Further, it is stated that no
street vendor shall be relocated, until survey specified in Sub Section 1
of Chapter 2 of the Act has been completed and certificate of vending is
issued to all street vendors. The plaintiff wants to add said pleadings in
the suit plaint in order to substantiate the pleadings. It is stated that no
prejudice will be caused to the defendants, if said pleadings are allowed
to be taken on record. Hence, plaintiff prayed for grant of permission to
carry out necessary amendment in the suit plaint.
5 The Chamber Summons is opposed on the ground that the
proposed amendment will change the nature of suit. The Chamber
Summons is not maintainable as per provisions of law and the contents
of Chamber Summons are false.
6 I have perused the record. It reveals that the plaintiffs have
filed this suit for declaration and permanent injunction. The plaintiffs
seem to be hawker/street vendor. They seek the declaration that the
encroachment activity of the encroachment officer is illegal and the
defendants shall be restrained from removing their business Wooden
Bakada from the suit site. The reliefs are in respect of street vending
business for which various circulars and notifications are in operation.
The plaintiffs propose to bring pleadings to that effect. The defendants
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3 C.S.843 of 2018
have not filed the written statement on record and the pleadings are yet
to be completed. The suit trial is not yet commenced. The plaintiffs
want to add pleadings in the suit and they are not of the nature to
change the nature of the suit. In said circumstances, I hold that the
plaintiffs are entitled to carry out the proposed amendment in the suit
plaint in the interest of justice.
7 Hence, in view of aforesaid discussion made above, I hold
that the Chamber Summons deserves to be allowed. Accordingly, I
proceed to pass following order.
ORDER
1 Chamber Summons No.843 of 2018 is allowed.
2 Plaintiffs are permitted to carry out amendment as per the
schedule annexed to the Chamber Summons within 14 days of passing
of this order.
3 Consequential amendment is allowed, if any, in the suit
proceedings.
4 Chamber Summons is disposed off.
Date:02/01/2023.
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Dictated on :02/01/2023. Gr.Mumbai.
Typed on :02/01/2023.
Signed on :02/01/2023.
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4 C.S.843 of 2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/01/2023 05.45 p.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
02/01/2023.
JUDGMENT/ORDER signed by P.O.on 02/01/2023.
JUDGMENT/ORDER uploaded on 02/01/2023.
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