Interim Order 4

Order Details: Chamber summons
Pdf Text: Ch/s No. 583/22 in Comm. Suit No. 79/19. 1 Order.
MHCC010043992022
Presented on : 19-04-2022
Registered on : 19-04-2022
Decided on : 04-05-2022
Duration : 0 years, 0 months, 15 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 583 OF 2022
IN
COMMERCIAL SUIT NO. 79 OF 2019
Executive Trading Company Private Limited ...Plaintiff
Versus
Maruti Steel Fab ...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.31).
DATE : 4th MAY, 2022.
Shri Arvind Giriraj, Advocate for the plaintiff.
Shri S. Bhojwani, Advocate for defendants no.1 to 3.
ORDER
1. This chamber summons is taken out by the defendant no.2
for filing additional written statement to add name of defendant no.3
after amendment in the plaint. Perused chamber summons and say
given at the backside of affidavit in support. Heard learned counsel
Shri Arvind Giriraj for the plaintiff and learned counsel Shri S. Bhojwani
for defendants no.1 to 3.
2. On perusal of record, it appears that the plaintiff had filed
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Ch/s No. 583/22 in Comm. Suit No. 79/19. 2 Order.
suit against defendant no.1 by presuming it to be the company.
Subsequently, status of defendant no.1 is corrected as a partnership
firm. Similarly, defendants no.2 and 3 are made party to the suit being
partners of defendant no.1 partnership firm. This amendment is carried
out in consonance with order in Chamber Summons No. 1081/2021.
After adding defendants no.2 and 3, writ of summons was not issued to
them. Defendant no.1 had already filed written statement (Exh.4) on
record. In short, defendants no.2 and 3 are neither served with writ of
summons nor they had filed written statement before moving this
chamber summons. Learned counsel Shri Arvind Giriraj has rightly
pointed out that the defendants have not filed schedule of amendment
or additional written statement with chamber summons. He has further
pointed out that additional written statement is filed after about two
months from the date of filing of chamber summons. In short,
procedural lapses are apparent. There is no question of carrying out
consequential amendment or filing additional written statement in the
absence of written statement on record.
3. On perusal of written statement placed on record on
13/04/2022, it is clear that it is signed by defendants no.2 and 3 and it
contains specific denial to each para of the plaint and specific pleading
of the defendants. In short, it is in the form of written statement of
defendants no.2 and 3. As defendants no.2 and 3 have appeared suo
moto in the matter and filed written statement by using wrong
nomenclature i.e. additional written statement, there is no reason to
overlook the same. For all these reasons, chamber summons is liable to
be rejected with cost. At the same time, written statement of
defendants no.2 and 3 is liable to be exhibited. Defendants no.2 and 3
have not filed statement of truth with their written statement. It also
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Ch/s No. 583/22 in Comm. Suit No. 79/19. 3 Order.
justifies imposition of cost with one opportunity to the defendants to
comply the procedural aspect. Hence, I pass the following order :
ORDER
1. Chamber Summons No. 583/2022 is dismissed with cost of
Rs.5,000/ payable to the plaintiff or his advocate.
2. Additional written statement filed by defendants no.2 and
3 shall be treated as their written statement on payment of
cost to the plaintiff or his advocate.
3. Defendants no.2 and 3 are directed to file statement of
truth in support of their written statement on or before the
next date of hearing.
4. Proceeding of Ch/s No. 583/2022 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.31)
Date : 04/05/2022. Mumbai.
1. Dictated online on : 04/05/2022.
2. Signed on : 04/05/2022.
3. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Ch/s No. 583/22 in Comm. Suit No. 79/19. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
04/05/2022. 4.26 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 04/05/2022.
Judgment/Order signed by P.O. on 04/05/2022.
Judgment/Order uploaded on 04/05/2022.
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