Final Order 1

Order Details: Chamber summons
Pdf Text: 1 CH-S 1155-19 IN SU 233-17
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
CHAMBER SUMMONS NO.1155 OF 2019
IN
L.C. SUIT NO.233 OF 2017
Mr. Abdul Karim Gaibee ]...Plaintiff.
Versus
The Municipal Corporation for ]
Greater Mumbai ]... Defendant.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 24th SEPTEMBER, 2019.
Mr. S.K. Dubey, Advocate for plaintiff.
Ms. Mhatre, Advocate for Defendant / MCGM.
O R D E R
1. By this Chamber Summons plaintiff has sought amendment in the
plaint as well as interim injunction.
2. The amendment sought by the plaintiff is with regard to the
Speaking Order passed on 13.7.2018 i.e. subsequent to filing of the suit
in the year 2017. Thus, the amendment sought is in respect of the
subsequent event. The Speaking Order is passed in pursuance to the
notice challenged in present suit. The plaintiff, therefore, is entitled to
plead the subsequent event and consequential amendment.
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2 CHS 115519 IN SU 23317
3. However, the Rules Governing the procedure of the City Civil
Court do provide for filing a Notice of Motion to seek relief of
injunction. Therefore, though the plaintiff can be allowed to amend the
plaint, the relief of injunction can not be granted. The plaintiff can be
given liberty to take out appropriate proceedings for the same. Hence
the order:
ORDER
1. Chamber Summons No.1155 of 2019 is made absolute in terms of
prayer clause (a).
2. Plaintiff to carry out amendment in the plaint within two weeks
from today.
3. Plaintiff shall serve the copy of amended plaint on the defendant
and shall submit a typed copy of amended plaint in the Court.
4. The relief sought in prayer Clause (b) is refused.
Plaintiff is at liberty to take out appropriate proceedings for the
same.
5. Costs in cause.
Sd/
(A.N. MARE)
Judge,
24/09/2019 City Civil Court, Mumbai.
Dictated On : 24.09.2019
Transcribed on : 30.09.2019
HHJ Signed on : 30.09.2019
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3 CHS 115519 IN SU 23317
“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
03/10/19 12.15 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
24.09.2019
JUDGEMENT /ORDER signed by
P.O. on
03.10.2019
JUDGEMENT /ORDER uploaded
on
03.10.2019
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