Final Order 1

Order Details: Chamber summons
Pdf Text: Chamber summons 882 of 2018 1 : L.C. Suit No 1241 of 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Chamber summons 882 of 2018
IN
L.C. Suit1241 of 2018
Delux Polymer Pvt Ltd ..Plaintiffs
Versus
Designated officer G/S ward
MCGM & Anr ..Defendants
Adv.Mr Gandhi for plaintiff
Adv Kumawat with Vyas for defendant/corporation
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 11th June 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this Chamber summons under
order 6 rule 17 of Code of Civil Procedure, 1908 for amendment of the
plaint.
2 According to the plaintiff, being aggrieved by the order
passed by this court, plaintiff had filed appeal bearing St No 14797 of
2018, before Hon'ble High Court. Hon'ble High Court directed the
defendant to give opportunity of hearing to plaintiff and then pass
speaking order. Accordingly, on 21/5/2018 defendant passed speaking
order. Plaintiff further contended that the plaintiff has strongly
opposed the plan and tikka sheet as they were not given to the plaintiff
inspite of demand by reply to the notice. Hence these subsequent
events are necessary to come on record. Hence prayed to allow the
chamber summons.
3 Defendant corporation filed reply and contended that
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Chamber summons 882 of 2018 2 : L.C. Suit No 1241 of 2018
chamber summons is not maintainable. Hence, prayed to reject the
same.
4 I have heard both the parties.
5 Admittedly, as per the directions of Hon'ble High Court the
defendant corporation has given an opportunity to the plaintiff to
produce the documents, corporation also supplied documents i.e.
sanctioned plan, tikka sheet. Thereafter, on 21/5/2018, the designated
officer passed order. Therefore the earlier order which is challenged in
the suit is not in force. Plaintiff has strongly opposed the documents i.e.
sanctioned plan and Tikka sheet. I have perused the proposed
amendments. It appears that the amendment are necessary and in
respect to the subsequent events. By way of proposed amendments
nature of suit does not change. Hence chamber summons deserves to
be allowed. Therefore the following order:
ORDER
1 Chamber summons no 882 of 2018 is hereby allowed.
2Plaintiff is directed to make amendments as per
schedule forthwith.
3 Chamber Summons is disposed of accordingly.
Date : 11/6/2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 11/06/2018
Typed on : 11.06.2018
Signed by HHJ. :12/06/2018
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Chamber summons 882 of 2018 3 : L.C. Suit No 1241 of 2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
13/6/2018 Mr. S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
11/06/2016
JUDGEMENT/ORDER signed by
P.O. on
12/6/2018
JUDGEMENT/ORDER uploaded
on
13/6/2018
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