Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT CHAMBER SUMMONS
IN
L. C. SUIT NO. 2050 OF 2018
Sandeep Shantaram Bhowad .. Plaintiff
Versus
Assistant Engineer (B&F) & 2 ors. .. Defendants
CORAM : HIS HONOUR JUDGE
SHRI K.P.NANDEDKAR
(C.R.NO.11)
DATE : 9th January, 2019
Mr. Tejas Patil, ld. advocate for plaintiff.
Mrs. Tondvalkar, ld. adv. for defendant/BMC.
O R D E R
1. This Chamber Summons is taken out by plaintiff for
amendment in the plaint as per schedule annexed to the Ch/s. In
support of Ch/s plaintiff has filed his affidavit contending that plaintiff
has filed present suit for substantive reliefs of injunction and for
identical reliefs of interim and ad interim injunction. It is contended
that on 30.05.2018 in this suit plaintiff had taken out N/m and Court
has directed defendant to pass fresh speaking order on the basis of
reply filed by the plaintiff to disputed notice. Court has further
directed defendant not to take coercive action on the basis of disputed
notice in respect of suit structure. Thereafter plaintiff filed additional
reply dated 04.06.2018 to disputed notice issued by BMC under sec.
351 of BMC Act. In the month of September 2018 officers of Deputy
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Collector Encroachment Bhandup inspected suit premises on the
written instruction of defendants to take action in respect of alleged
unauthorised construction carried out by plaintiff. Plaintiff has already
contended that since the suit premises is situated in slum area,
defendant/BMC has no jurisdiction to initiate legal process against
notice structure. It is contention of plaintiff that that notice structure is
protected as per government policy 'kklu fu.kZ; dz->ks-iq-;ks&1001@5-dz-
125@14@>ks-i-lw ++1 dated 16.05.2015. It is contention of plaintiff that
fresh speaking order dated 21.12.2018 passed by BMC is received by
plaintiff on 24.12.2018. Hence the above facts and documents are
necessary to be brought on record and for that purpose plaint is
necessary to be amended by allowing Ch/s.
2. Defendant's advocate Mrs. Tondvalkar has strongly resisted
the Ch/s. However she has contended that plaintiff is intending to
bring on record subsequent progress in the matter hence Court may
pass necessary order.
3. Heard. As plaintiff is intending to bring on record the facts
in respect of speaking order dated 21.12.2018 passed by BMC and he is
intending to make amendment to referring relevant documents in
respect of said speaking order, I find that Ch/s is necessary to be
allowed because proposed amendment is necessary for just and proper
decision of suit. Proposes amendment is not going to change nature of
the suit. Hence I proceed to pass following order.
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O R D E R
1. Ch/s is made absolute in terms of prayer clause (a)
2. Plaintiff is directed to carry out necessary amendment in the
plaint as per schedule annexed to the Chamber summons within
stipulated time provided by law.
3. Draft Ch/s be registered for statistical purpose.
(K.P.Nandedkar)
Judge,
City Civil Court,
09.01.2019 Gr.Bombay.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF Steno
10/01/2019 03.40pm Y.S. Patil(H.G.)
Name of the Judge HHJ Shri K.P.Nandedkar (CR No.11)
Date of Pronouncement of Judgment/Order. 09/01/2019
Judgment/order signed by P.O on 10/01/2019
Judgment/order uploaded on 10/01/2019
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