Interim Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS OF 2019
IN
L.C. SUIT NO. 1513 OF 2019
Mr.Lindwall Joseph Rodrigues )...Plaintiff
Versus
Hemanand B.Namdarian & Anr. )...Defendants
Appearance:
Advocate Mr.O.P.Tiwari or Plaintiff.
Advocate Mr.Kumawat for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 12th JULY, 2019.
(C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for
making amendment in the plaint as well as in the notice of motion. This
chamber summons is resisted on behalf of the defendant by filing reply
on chamber summons. Heard both the Ld. counsels on behalf of both
the sides. Read the present chamber summons and reply thereon.
Perused the record.
2. The Ld. counsel on behalf of the plaintiff has argued that
after filing suit and after filing written statement by the defendant, the
defendants have claimed that the order has been passed dated
28/6/2019. Therefore, the plaintiff wants to make amendment in the
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plaint as well as notice of motion.
3. The Ld. advocate on behalf of defendants has submitted
that these defendants leave it to the Hon'ble Court as the schedule of
the chamber summons is subsequent event and to avoid delay. Hence,
the Hon'ble Court may pass suitable order.
4. After hearing the arguments advanced on behalf of both
the sides and after perusal of the proposed amendment, I think if this
proposed amendment is to be allowed, the nature of the suit as well as
notice of motion will not be changed. Moreover, if the chamber
summons is to be allowed, it will help to reach to the point in
controversy between the parties. Therefore, I am inclined to pass
following order.
ORDER
1. Draft chamber summons is hereby allowed as prayed for.
2. The Plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Draft chamber summons be registered for statistical purpose.
4. Draft chamber summons is disposed of accordingly.
Date : 12.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 12.07.2019
Transcribed on: 12.07.2019
Signed by HHJ: 12.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
12.07.2019 5.45p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
12.07.2019
Judgment/order signed by P.O on 12.07.2019
Judgment/order uploaded on 12.07.2019
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