Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1292 of 2018
IN
L.C.SUIT NO. 348 OF 2018
(CNR No.MHCC010071822019)
Mr.Vishwanath Sitaram Kaup @ Shetty )...Plaintiff
V/s.
The Brihanmumbai Municipal Corporation )
and Anr. )...Defendants.
Appearance:
Adv. Mr. Aatif Khan for plaintiff.
Adv. Ms. Vyavahare for defendant/BMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 28th, NOVEMBER 2019.
(C.R.No.06)
This chamber summons is taken out by the plaintiff for making
amendment in the suit as well as in the notice of motion. The present
chamber summons resisted on behalf of the defendant Municipal
Corporation for filing reply. Read the present chamber summons,
affidavit of the plaintiff in support of chamber summons and reply of
the defendant. Heard both the learned counsels on behalf of both the
sides at length. Perused the record.
2. On scrutiny of the pleadings of both the sides and after hearing
the arguments of both the sides, it appears that the present chamber
summons taken out for making amendment in the suit as well as in the
chamber summons. The learned counsel on behalf of the plaintiff has
submitted that during pending of the suit, the Municipal Corporation
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has passed Speaking Order dated 18/04/2019. Therefore, this
subsequent changes for bringing on record, the chamber summons filed
for making amendment in the suit as well as in the notice of motion.
3. On perusal of the record, it appears that the plaintiff has filed the
present suit on 05/02/2018, the subsequent speaking order was passed
on 18/04/2019, during the pending of the suit. Yet the notice of motion
is not decided, therefore, if the proposed amendment is to be allowed,
then the nature of the suit will not changed. It will not surprise to the
defendant, if this chamber summons is to be allowed. Moreover, it will
not cause any injustice on the part of defendant. Therefore, I inclined to
allow this chamber summons. Hence, I have proceed to pass following
order.
O R D E R
1. Plaintiff's chamber summons no.1292/19 is hereby allowed as prayed
for.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Chamber Summons no. 1292/19 is disposed off accordingly.
Date : 28/11/2019 (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on :28/11/2019
Transcribed on :29/11/2019
Signed by HHJ : 30/11/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
30/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
28/11/2019
Judgment/order signed by P.O on 30/11/2019
Judgment/order uploaded on 30/11/2019
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