Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1303 OF 2019
IN
S.C.SUIT NO.1206 OF 2018
M/s.Workstore Limited ....Plaintiff
V/s
M/s. Copy Classic .....Defendant
APPEARANCE:
Advocate Anshu Kushwaha for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 21st November, 2019
ORDER
Perused Chamber Summons alongwith affidavit.
Heard Ld. Counsel for plaintiff Anshu Kushwaha.
It is submitted by the plaintiff that he had filed suit against
defendant for recovery of amount with interest. It is further submitted
that at the time of filling suit defendant is residing in the address which
is mentioned in the clause title. However, subsequently the defendant
had shifted his address at A5/1, Shivaji Nagram, OppShivshahi
Vachanalaya, Vakola, Santacruz (E), Mumbai – 400055. It is further
submitted that after shifted address of the defendant it is very difficult
to the plaintiff to execute writ of summons to the defendant without
proper address and amendment on clause title is required to be
necessary. It is further submitted that it is necessary to the plaintiff to
amend the plaint by adding the said address it is a subsequent
development. Lastly, it is submitted that plaintiff may permit to amend
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the title clause.
After hearing Ld.Counsel for plaintiff I drew my attention towards
record as per record plaintiff has filed suit for damages and recovery. As
title clause plaintiff has mentioned address of defendant at 77/81,
Avsa,5 H, 5th floor, Kazi Sayyeed Street, Masjid Bunder (W) Mumbai
400003. Till the defendant is not appeared in the suit. Subsequently, it
has come to know by the plaintiff bank that the defendant had shifted
his office at A5/1, Shivaji Nagar, Opp Shivshahi Vachanalaya, Vakola,
Santacruz (E), Mumbai – 400055. Technically the plaintiff has provided
new address of defendant to which it is necessary to sent the processes
of this court to the new address. I am of the opinion that the proposed
amendment is necessary and it is formal in nature. If plaintiff has
permitted to amend the subsequent address of defendant in the clause
title then no prejudice would be caused to the case of defendant the
proposed amendment is formal in nature. Hence I proceed to pass
following order
ORDER
1) Chamber Summons No.1303/2019 is allowed in the above said
terms.
2) Plaintiff has permitted to amend the clause title and also
permitted to add subsequent address of defendant in the clause
title.
3) Plaintiff is directed to carry out amendment within 14 days.
Date:21/11/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 21/11/2019
Typed on :21/11/2019
H.H.J.Signed on :21/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
21.11.2019 at 5.30 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
21.11.2019
JUDGMENT/ORDER signed by P.O. on 21.11.2019
JUDGMENT/ORDER uploaded on 21.11.2019
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