Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100920/2018
Nilesh Davda - Suit Stamp No.7200 of 2018 Vs MCGM
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
COURT 5 ADDL SESSIONS JUDGE
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