Nilesh Davda - Suit Stamp No.7200 of 2018VsMCGM

Date: 08-06-2018
Business: Resumed.
Adv. D.A. Thorat for plaintiff and Adv. Patil for MCGM are present.
Adv. Thorat tender draft Ch/s with affidavit for amendment of the plaint, by submitting that on 05.06.2018 the designated officer has passed speaking order and the same is required to be challenged.  Copy is served on the defendant.  Leave to register is granted.
  Adv. Patil recorded reply on the Ch/s itself, to the effect that the defendant submits to the order.  However, she strongly objected to continue the order.
Heard, respective advocates.  Perused the schedul of the amendment.  By the propose amendment the plaintiff  wishes to make certain avernments about passing order dtd. 05.06.2018 and consequential reliefs of declaration and injunction.  The plaintiff  has taken out Ch/s diligently.  The proposed amendment is necessary for determination of matter in dispute.  It will not change the nature of the suit.
Therefore the following order is passed -
ORDER
1.   The draft chamber summons is made absolute in terms of prayer clause (a) with a direction to carry out the amendment immediately and supply amended copies to the defendant.
2.  Formality of registration of the draft Ch/s be completed.
3.  Accordingly Ch/s is disposed off.
   Adv. Patil seeks time to file reply to the ad-interim reliefs.
  Adv. Thorat tendered registered NM No. 2033 of 2018 with affidavit and also an affidavit in reply to the affidavit filed by the defendant.
 Adv. Thorat tendered draft NM with affidavit in furtherance of order dtd. 05.06.2018.  Leave to register is granted.  Copy is served on the defendant.
   Earlier order if any to continue till the next date.
Adjd for reply and arguments on NM to 13.06.2018.
Nature Of Disposal: ALLOWED
Disposal Date: 08-06-2018

Filing Number: 107595/2018
Filing Date: 11-06-2018
First Hearing Date: 08th June 2018
Decision Date: 08th June 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE