Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 1396/19 in Suit No. 2827/12. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 1396 OF 2019
(CNR NO. MHCC010077442019)
IN
SUIT NO. 2827 OF 2012
(CNR NO. MHCC010137792012)
(HIGH COURT SUIT NO. 512 OF 2012)
Tulsidas Gopalji Charitable and Dhakleshwar
Temple Trust and Others ...Plaintiffs
Versus
Shri Chanchal B. Choudhary ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 13th SEPTEMBER, 2019.
Mr. R.S.Maurya, Advocate for Plaintiffs.
Mr. Ashish Jha, Advocate for Defendant.
ORDER
This is a chamber summons filed by plaintiff on behalf of
plaintiff no.1 trust namely “Tulsidas Gopalji Charitable Trust”.
2. Perused reply filed by defendant.
3. Ld. Advocate Maurya for plaintiffs submits that plaintiff
no.4 Mr. Mukul Bhanshali got expired in June 2016 and plaintiff no.5
another Trustee Mr. Bhupendra Gandhi is retired in 2014. It is
requested to delete the names of plaintiff no.4 and 5.
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Ch/s No. 1396/19 in Suit No. 2827/12. 2 Order.
4. Ld. Advocate Jha for defendant submits that suit was filed
in the year 2012, plaintiff is failed to obtain the steps to the extent of
plaintiff no.5 from 2014 and plaintiff no.4 from 2016. It is requested to
peruse objection raised in affidavit from para no.1 to 9.
5. It is mentioned in para 8 that plaintiff no.5 is still necessary
party, even though he has resigned from the post of Trustee. It is
requested to reject the chamber summons.
6. On perusal of issues, the fact in issue is an educational loan
and housing loan obtained by the defendant from the plaintiff trust. In
view of Issue No.4, there is recovery of Rs.19,58,000/ outstanding
towards defendant.
7. In view of the documents submitted by plaintiff, it is
contended that defendant has availed the facility of loan from the trust
i.e. plaintiff no.1. The trustees working on behalf of trust are
representative of the trust, therefore even after demise of one trustee or
retirement of another trustee, the question of liability of the defendant
remain in existence. Therefore it will not change nature of the suit nor
it will cause any prejudice to the defendant. Resultantly the
amendment claimed by plaintiff is allowed. Hence I pass following
order :
ORDER
1. Chamber Summons No. 1396/2019 is allowed, no order of
cost.
2. Plaintiff to carry on the amendment within 14 days from
the date of order.
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Ch/s No. 1396/19 in Suit No. 2827/12. 3 Order.
3. Ch/s No. 1396/19 is disposed of.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 13/09/2019. Mumbai.
1. Dictated on : 13/09/2019.
2. Transcribed on : 16/09/2019.
3. Signed on : 17/09/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/09/2019. 11.28 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 13/09/2019.
Judgment/Order signed by P.O. on 17/09/2019.
Judgment/Order uploaded on 18/09/2019.
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