Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO.1349 OF 2019.
IN
STAMP NO. 7722 OF 2019
(CNR NO. MHCCO10075502019)
Shaad Heights Cooperative )
Housing Society Ltd. )...Plaintiff
Versus )
1. Designated Officer Exec. Engineer )
( B & F) 'E' Ward & Anr. )...Defendants.
Appearance:
Adv.Mr.Hardik Desai for plaintiff.
Adv.Mr.Som Sinha a/w Mr.Suar for defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 22nd JULY, 2019.
(C.R.No.06)
O R D E R
This is a chamber summons 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 defendants by filing their
reply. Read present chamber summons and reply of the defendants
thereon. Heard both the counsels on behalf of both the sides at length.
2. The learned counsel on behalf of the plaintiff has submitted
that plaintiff wants to make amendment by adding some proposed
amendment which is mentioned in the schedule of amendment. The
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learned counsel on behalf of the plaintiff has further submitted that if
the proposed amendment is to be allowed, then it will not cause any
hardship on the part of the defendants.
3. The learned counsel on behalf of the defendants has
submitted that if this proposed amendment is to be allowed then the
nature of the suit will be changed. Therefore, the present chamber
summons may kindly be dismissed.
4. On perusal of the record and scrutiny of the proposed
amendment it appears that the present suit came to be filed in the year
2019. The defendants have not filed their reply on the notice of motion
also. There is no arguments advanced on behalf of both the sides on
notice of motion of the plaintiff. Therefore, at this stage, if the proposed
amendment is to be allowed, then it will not change the nature of the
suit. It will not cause any hardship on the part of the defendants.
Moreover, it will be help for deciding real controversy in between the
parties Therefore, I am inclined to pass following order.
ORDER
1. Chamber summons no. 1349/2019 is hereby allowed as prayed for.
2. The plaintiff and its advocate are hereby directed to carry out
amendment within stipulated period.
3. Chamber summons no. 1349/19 is disposed off accordingly.
Date : 22.07.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 22.07.2019
Transcribed on:23.07.2019
Signed by HHJ: 24.07.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
25.07.2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
22.07.2019
Judgment/order signed by P.O on 24.07.2019
Judgment/order uploaded on 25.07.2019
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