Final Order 1

Order Details: Chamber summons
Pdf Text: CS No.1285/2019 1 L.C.SUIT No.2100/2009
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
CHAMBER SUMMONS NO.1285 OF 2019
(CNR No.MHCC010071762019)
IN
LONG CAUSE SUIT NO.2100 OF 2009
(CNR NO.MHCC010010402009)
M/s. Shah and Co. ....Plaintiffs
V/s
Mumbai Corporation of Greater Mumbai and Others ....Defendant
Appearances:
Adv. Priyanka Pandey h/f Adv. Ramchandani for the Plaintiffs
Adv. Tondwalkar for defendant No.1 and 2 / MCGM
None for defendant No.3
CORAM : HIS HONOUR JUDGE
SHRI S.D. KULKARNI
(Court Room no. 8)
DATED : 2nd March 2022.
O R A L O R D E R
1. Perused Chamber Summons, affidavit in support thereof.
Heard both the advocates at length.
2. By way of this Chamber Summons defendant No.3 prayed
that he will be permitted to take the inspection of the original
documents filed by the plaintiff in the court proceeding. So, also
defendant No.3, prayed that plaintiff is directed to provide the copy of
documents to him.
3. The plaintiff has opposed the Chamber Summons by
contending that he has already served the plaint and Annexure so,
Chamber Summons is not tenable therefore, prayed for rejection.
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CS No.1285/2019 2 L.C.SUIT No.2100/2009
4. Heard both the advocates at length. I have also gone
through the roznama and documents filed on record. Considering the
prayer of taking inspection of the court proceeding defendant No.3, has
to apply for the same and followed due process of law. Hence, he will
be entitled to take inspection of all the original documents filed on
record.
5. The roznama shows that defendant No.3, is a newly added
party in the suit. He contended that he only received the copy of plaint
but does not receive the Annexture. So, the plaintiff is directed to
provide documents filed on record by him to defendant No.3. The
defendant No.3, added as a party in the suit then within 2 to 3 dates he
filed the Chamber Summons therefore, plaintiff is directed to supply the
copy of documents filed alongwith plaint to defendant No.3.
Considering this, I pass the following order :
ORDER
1. Chamber Summons 1285 of 2019 in L.C. Suit No.2100 of
2009 is made absolute.
2. The plaintiff is directed to supply the copy of documents /
Annexture to defendant No.3, on or before next date.
3. Defendant No.3, is entitled to take inspection of the record
and proceeding by following due process of law.
4. Chamber Summons No.1285 of 2019 in L.C. Suit No.2100
of 2009 is disposed off accordingly.
(S.D.Kulkarni)
Adhoc Judge,
City Civil Court,
Date : 02.03.2022 Gr. Mumbai.
Dictated on : 02.03.2022
Transcribed on : 02.03.2022
Signed by HHJ on : 02.03.2022
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CS No.1285/2019 3 L.C.SUIT No.2100/2009
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 03.03.2022 at 5.30 p.m.
NAME OF STENOGRAPHER : Mrs. J.S. Chavan
Name of the Judge (With Court
Room no.)
HHJ Shri. S.D. Kulkarni
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
02.03.2022
JUDGMENT/ORDER signed by
P.O. on
02.03.2022
JUDGMENT/ORDER uploaded
on
03.03.2022
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