Final Order 1

Order Details: Chamber summons
Pdf Text: :1: Ch/Sum.897/18 in L.C.Suit No.1030/18
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CHAMBER SUMMONS NO.897 OF 2018
IN
L.C. SUIT NO.1030 OF 2018
Mr. Vishwanath Shankar Mathpathi
Age 54 years, Occ. Poojari,
Indian Inhabitant of Mumbai,
having address at Survey No.160,
C.T.S. No.09, Part of Village Bhandup,
Khindipada, Dargah Road,
Bhandup (W), Mumbai400 078. Plaintiff.
V/s.
Municipal Corporation of Greater Mumbai,
through the Assistant Municipal Commissioner
Having its office at S Ward office Bldg.,
Lal Bahadur Shastri Marg, Near Mangatram
Petrol Pump, Bhandup (W),
Mumbai – 400 078. Defendants.
Advocate Mr. Kudalkar for plaintiff.
Advocate Ms. Tondwalkar for Defts./BMC.
CORAM : HER HONOUR JUDGE
MS. SUREKHA R. PATIL.
(C.R.NO.11)
DATE : 11th JULY, 2018
ORAL ORDER
The plaintiff has filed present suit for challenging notice
issued by BMC under Section 354A of the MMC Act dated 06.04.2018,
in which on 11.04.2018 after hearing both the sides, Court granted ad
interim in favour of the plaintiff. Thereafter on 02.06.2018 defendant
passed speaking order in pursuant to notice dated 06.04.2018. The
plaintiff wants to bring on record the subsequent event happened before
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:2: Ch/Sum.897/18 in L.C.Suit No.1030/18
the Court, therefore, they filed present chamber summons for amending
the plaint as per the Schedule enclosed with the present chambers
summons.
3. Defendant filed their say, thereby taken formal objection
that plaintiff taken out present chamber summons for subsequent event
Therefore, defendant submits to the order of Hon'ble Court.
4. Heard both the sides :
After perusal of record it is observed that the plaintiff filed
present suit, thereby challenged notice issued under Section 354A of
MMC Act dated 06.04.2018. Thereafter during the pendancy of suit, on
02.06.2018 defendants passed speaking order on the said notice. The
plaintiff by filing chamber summons wants to bring on record the
subsequent event. The such subsequent event are necessary to
incorporate in the plaint. Hence, I proceed to pass following order :
ORDER
1. Ch/Summons No.897/17 is allowed in terms of prayer clause 'a'.
2. The plaintiff to carry out necessary amendment as per the Rules.
3. Ch/sum disposed of accordingly.
(SUREKHA R.PATIL)
Judge,
City Civil Court,
Gr. Bombay.
Date: 11/07/2018.
Dictated on : 11/07/2018
Transcribed on : 12/07/2018
Signed on : 13/07/2018
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:3: Ch/Sum.897/18 in L.C.Suit No.1030/18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
16/07/2018 At 11.52 a.m. MRS. K. S. JADHAV
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ MS. S. R. PATIL
(C.R.NO.11)
Date of pronouncement of
Judgment/Order
11/07/2018
Judgment/Order signed by P.O. on 13/07/2018
Judgment/Order uploaded on 16/07/2018
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