Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS OF 2019
IN
L.C. SUIT NO. 2027 OF 2019
Messrs.Mulji Mehta Enterprises )...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai )
& Ors. )...Defendants
Appearance:
Advocate Mr.Narayanan for Plaintiff.
Advocate Mr.Kumawat for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 29th JULY, 2019.
(C.R.No.06)
O R D E R
This draft chamber summons is taken out by the plaintiff
for making amendment in the plaint as well as in the notice of motion.
This chamber summons resisted on behalf of the defendant by filing
reply on the said chamber summons. Heard both the Ld. counsels on
behalf of both the sides at length. Read the present chamber summons,
affidavit of plaintiff and reply of the defendant. Perused the record.
2. The Ld. counsel on behalf of the plaintiff has submitted that
during pending of the suit the speaking order has been passed by the
defendants dated 20/07/2019. Therefore, it requires to make
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amendment in the plaint and in the notice of motion. |Considering the
reply given by the defendants and after perusal of the proposed
amendment I am of the opinion that if this proposed amendment is to
be allowed, then it will not change the nature of the suit. It will not
cause injustice on the part of the defendants. It is not new facts bring
by the plaintiff for changing nature of the suit but the proposed
amendment will be help to determine real controversy in between the
parties. Therefore, I am inclined to allow this chamber summons.
Hence, I proceed to pass following order.
ORDER
1. Draft chamber summons of the plaintiff is hereby allowed as prayed
for.
2. The Plaintiff and his advocate are hereby directed to carry out
proposed amendment in the plaint as well as in the notice of motion
within stipulated period.
3. Draft chamber summons is disposed of accordingly and it be
registered for statistical purpose.
Date : 29.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 29.07.2019
Transcribed on: 30.07.2019
Signed by HHJ: 01.08.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
01.08.2019 5.20p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
29.07.2019
Judgment/order signed by P.O on 01.08.2019
Judgment/order uploaded on 01.08.2019
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