Final Order 1

Order Details: Chamber summons
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1341 OF 2016.
(CNR NO. MHCC01-007481-2019)
IN
SUIT NO. 1349 OF 2016.
ALUBOND DACS INDIA Pvt. Ltd. .... Plaintiffs.
V/s.
CONSOLIDATED ENGINEERING COMPANY
AND ORS. …. Defendants
CORAM: HIS HONOUR JUDGE
SHRI. R. B. PARVEKAR
CITY CIVIL COURT
GR. MUMBAI
DATE : 16t h January,2024’
Adv. Rajesh Patil for plaintiff.
Adv. Vipin Singh a/w Adv. Riya Shah i/b SNG and Partners for
defendant.
ORAL ORDER
This chamber summons is taken out by plaintiff for
seeking permission to carry out proposed amendment as per
schedule.
2. Read chamber summons, reply filed by defendant
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Nos. 1 to 4. Heard both sides.
3. This is a suit for recovery of amount of
Rs.97,27,178/- along with interest. Issues are yet to be
framed in the present suit. By way of proposed amendment,
plaintiff sought permission to bring communication of
defendant along with amendments in para No.1, 3, 6 and 13
of plaint. It is settled principal of law that amendment
necessary for the just decision of the suit necessity to be
allowed. In the present case, proposed amendment is in
respect of financial transaction, Bill of Exchange between the
parties in respect of claim. If proposed amendment is
permitted, it will not cause any prejudice to the rights of the
defendants. Because defendants are having vary rights to
carry out the consequential amendment in written statement
to counter the pleading. The proposed amendment does not
changed the nature of the suit as well as does not constitute
new cause of action. So far as the objection raised by
defendant in respect of jurisdiction, which was already raised
in the written statement can be dealt at the proper stage of
the suit. Hence, under such circumstances, in view of Order
VI Rule 17 of the Code of Civil Procedure,1908, I proceed to
pass following order.
ORDER
1. Chamber Summons No. 1341 of 2019 is made absolute
in terms of prayer clause (a).
2. Plaintiffs is permitted to carry out proposed amendment
within 14 days from the date of this order and file
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amended plaint within statutory period.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Chamber Summons No. 1341 of 2019 is disposed off
accordingly.
Date- 16/01/2025 (R. B. Parvekar)
Ad-hoc Judge,City Civil Court
Gr. Mumbai
D i c t a t e d o n : 1 6 / 0 1 / 2 0 2 4
Ty p e d o n : 1 6 / 0 1 / 2 0 2 4
s i g n e d o n :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
17.01.2025 at 3.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Shri R.B. Parvekar,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 16.01.2025
Order signed by P.O. on 17.01.2025
order uploaded on 17.01.2025
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