Final Order 1

Order Details: Chamber summons
Pdf Text: CS 90518 in L.C. SU 107209 : 1 : Dt. 26.06.2018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 905 OF 2018
(CNR NO. MHCC010068252018)
IN
LONG CAUSE SUIT NO. 1072 OF 2009
(CNR NO. MHCC010026572009)
Mr. Mohd. Mustafa Choudhary ...Plaintiff
Vs.
The Municipal Corporation Of
Greater Mumbai ...Defendant
CORAM : HER HONOUR JUDGE
SMT. SANJASHREE J. GHARAT
(C.R. NO.08)
DATE : 26.06.2018.
Adv. Ms. Sunita Kalwar for Plaintiff present.
Adv. Ms. Tadvi for defendant / BMC present.
ORAL ORDER
The present Chamber Summons is filed by the plaintiff
seeking amendment in the pleading. It is submitted that some vital
averments as regards to the suit structure needs to be carried out in the
Plaint. Therefore, plaintiff be permitted to carry out amendment as per
Schedule A.
2. The defendant / Corporation filed say and resisted the
application.
3. It is submitted that the proposed amendment in not regards
to the subsequent event, therefore defendant / Corporation prayed to
reject the Chamber Summons filed by the plaintiff.
-- 1 of 3 --
CS 90518 in L.C. SU 107209 : 2 : Dt. 26.06.2018
4. I have gone through the proposed amendment which the
plaintiff is seeking. The plaintiff wished to bring better particulars as
regards to the suit structure and the Government Resolution by which
his structure is protected. It appears that a proposed amendment is
necessary for just decision of the case. Therefore, I proceed to pass
following Order :
ORDER
1. Chamber Summons No. 905 of 2018 is allowed in
terms of prayer clause (a) and (b).
2. The Plaintiff is directed to carry out amendment
within 7 days from the order and to furnish amended
plaint on record.
(Sanjashree J. Gharat )
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.
Date : 26.06.2018.
Dictated on : 26.06.2018.
Transcribed on : 27.06.2018.
Signed on : 29.06.2018.
-- 2 of 3 --
CS 90518 in L.C. SU 107209 : 3 : Dt. 26.06.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
30.06.2018 at 11.45 a.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
(SANJASHREE J. GHARAT)
(C.R. No.08)
Date of Pronouncement of JUDGMENT/
ORDER
26.06.2018
JUDGMENT/ORDER signed by P.O. on 29.06.2018
JUDGMENT/ORDER uploaded on 30.06.2018
-- 3 of 3 --