Final Order 1

Order Details: Chamber summons
Pdf Text: 1
MHCC010092262019
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
CHAMBER SUMMONS NO. 1628 OF 2019
IN
S. C. SUIT NO. 1634 OF 2019
(C.N.R. No. MHCC01-0078192-023)
M.J. Exports Pvt. Ltd. ] ..Plaintiff
V/s.
Smt. Sulbha Vilas Karnik & Anr. ] ..Defendants.
Advocate Mr. Udayan Jain for the Plaintiff.
Advocate Ms. Gayatri Sharma for the defendant No.1.
CORAM : HIS HONOUR JUDGE
MR. VAIBHAV V. PATIL
(C.R.NO.09)
DATE : 10th JANUARY 2024
ORAL ORDER
The plaintiff has taken out present Chamber Summons
seeking amendment in the plaint.
2. It is contention of the plaintiff that that during pendency of
the suit and after passing of interim reliefs in favour of plaintiff certain
facts and event have transpired at the behest of defendant No.1 and
hence, it has become necessary to amend the plaint and to place the
relevant facts on record. The said averments are necessary to be
-- 1 of 4 --
2
brought on record as they unequivocally established the plaintiff’s
possession to the suit premises as also the act of dispossession/restricted
the plaintiffs right to free ingress and egress by defendant No.1. Hence,
plaintiff prayed for allowing Notice of Motion.
3. Defendant No.1 has filed his affidavit in reply to Chamber
Summons and opposed the same. It is submitted that, by order dated
10.06.2019, this Hon’ble Court was pleased to grant ad-interim relief
thereby temporarily restraining defendant No.1 from causing any sort of
obstruction to the possession of the plaintiffs or it’s agents over the suit
premises including access of the plaintiffs to the suit premises.
Defendant No.1 has denied the contents in the application and
submitted that plaintiffs are taking undue advantage of order passed by
this Court. There is no grounds for amending the plaint and therefore,
Chamber Summons be rejected.
4. Perused Chamber Summons, affidavit in support of
Chamber Summons as well as affidavit in reply to Chamber Summons.
Heard both sides. The following points arise for my determination and
I have recorded my findings to them for the reasons stated below.
Sr. No. POINTS FINDINGS
1 Whether plaintiff has made out case for
amendment in the plaint?
In the
Affirmative.
2 What order? As per the final order
R E A S O N S
AS TO POINT NOS.1 :
5. Heard Ld. Advocate for both the sides. It appears that ad-
interim relief was granted in favour of plaintiff by order dated
-- 2 of 4 --
3
10.06.2019, thereby temporarily restraining defendant No.1 from
causing any sort of obstruction to the plaintiff over the suit premises. It
is contention of the plaintiff that after passing of interim relief, some
events have occurred which needs to be brought on record and hence,
amendment be allowed. Though defendant opposed the Chamber
Summons by narrating certain facts in his reply, I am of the opinion that
at this stage, it is not necessary to go into the merits of the suit. It
appears from the rival submissions that certain events occurred after
passing of interim relief in the respect of the suit property between
plaintiff and defendant which are necessary to be brought on record for
determining real question in controversy between the parties. The
proposed amendment will not cause change in the nature of the suit.
Further more, no prejudice will be caused to the defendant, if
amendment is allowed. Hence, I hold that Chamber Summons deserves
to be allowed. Hence, I answer point No. 1 in the affirmative. In the
result, I proceed to pass the following order:-
ORDER
1. Chamber Summons No. 1628 of 2019 is hereby
made absolute.
2. Plaintiff to carry out necessary amendment within
14 days and to supply copy of amended plaint to
the defendants as well as supply copy of amended
plaint on record.
3. Chamber Summons No. 1628 of 2019 is disposed
of accordingly.
(VAIBHAV V. PATIL)
Judge,
City Civil Court,
Date: 10.01.2024 Gr. Bombay.
-- 3 of 4 --
4
Dictated on : 10.01.2024
Transcribed on : 10.01.2024
Signed on : 10.01.2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/01/2024 At 4.50 p.m. Ms. Manisha D. Hirole
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court Room
Number)
HHJ MR. VAIBHAV V. PATIL
(C.R.NO.09)
Date of pronouncement of Judgment/
Order
09.01.2024
Judgment/Order signed by P.O. on 10.01.2024
Judgment/Order uploaded on 10.01.2024
-- 4 of 4 --