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Court Order

Final Order 1

CNR MHCC01007038201905 Dec 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 05 Dec 2019 · CNR MHCC010070382019

Order Details: Chamber summons
Pdf Text: Advocate Mr. Ravindra Singh for Plaintiff present and filed affidavit of service of Chamber
Summons, t.o.r. None present for Defendant. ORDER ON CH/S NO.1259/19 IN N/M NO.3214/15
This Chamber Summons is taken out by Plaintiff for amendment in Notice of Motion for making
corrections in the date of Court Receiver&amp#039s report shown in prayer clause of Notice
of Motion no.3214/15 as well as in the affidavit filed in support of said Notice of Motion. Plaintiff
has filed his affidavit in support of Chamber Summons contending that by mistake instead of date
28/02/2012 date of said report is shown in Notice of Motion as 01/02/2012 and it being
typographical error. It is necessary to permit Plaintiff to make corrections about said date.
Plaintiff&amp#039s advocate filed affidavit of service of Chamber Summons upon Court
Receiver. In spite of service of Chamber Summons CR has not filed his reply, hence Chamber
Summons is not contested by Court Receiver as well as by any of the Defendants. As Plaintiff is
intending to make correction in respect of date which is erroneously typed in Notice of Motion I
find that no prejudice will be caused to the Defendants or to Court Receiver if the Chamber
Summons will be made absolute. Hence, I proceed to pass following order- ORDER 1. Chamber
Summons no.1259 of 2019 is made absolute in terms of prayer clause (a). 2. Plaintiff is directed to
carry out proposed amendment in the Notice of Motion no.3214/15 and its affidavit filed in support
of Notice of Motion within stipulated time provided by law. Case is adjourned to 19/12/2019 for
Compliance.
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