Interim Order 1

Order Details: Chamber summons
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
UNREGISTERED CHAMBER SUMMONS
IN
MISC. APPEAL NO.163 OF 2019
Mr. Sanjay Prabhakar Sawant, Heir and L.R.
of Late Prabhakar Rama Sawant. ... Appellant
Versus
1. Municipal Corporation of Greater Mumbai,
2. Mr. Arun Naik,
3. Smt. Vandana B. Sawant. ... Respondents
APPEARANCES:
For Appellant :
— Mr. Aloukik Pai,
a/w Ms. Apurva Bhat, Advocates.
For Respondents/MMC :
— Mr. Dharmesh Vyas, Counsel
a/w Ruhi Hajre & Som Sinha, Advocates.
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL (C.R.No.19)
DATED: 29th SEPTEMBER, 2021.
ORAL ORDER
Appellant in Appeal U/s.105B of the MMC Act has taken
out the present application seeking amendment in the memo of appeal
especially as regards grounds and prayers therein.
2. It is contended that the amendment is crucial for just
decision of the appeal and that because of the ensuing pandemic he
could not file earlier.
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Sanjay Prabhakar Sawant Vs. MMC & Ors.
Unregistered Ch/s. in Misc. Appeal No.163/2019
3. Learned counsel for the respondents although contends
that he would not file reply, he objects to the application on the ground
that the present application is an attempt to delay the proceedings.
4. It is to be noted that the present appeal is pending since
2018 i.e. even prior to pandemic and was listed today for further final
arguments and by way of last opportunity. Thus, the matter was partly
heard and thereafter the present proceedings has been taken out by the
appellant, however considering the fact that the proceedings in which
the application is taken out is an appeal and what is sought to be
incorporated are the grounds and the prayers in the appeal and there is
no additional facts sought be brought on record as such as and by way
of indulgence and in order to give the fullest opportunity to the
appellant and also since no prejudice would be caused to the
respondents, I am inclined to allow the amendment subject to
reasonable costs. In such circumstances, I pass following order.
O R D E R
1. Unregistered Chamber Summons is made absolute in terms of
prayer clauses (a) and (b) subject to cost of Rs.500/ (Rs.Five
Hundred Only) to be deposited within one week to DLSA.
2. Amendment be carried out within stipulated period.
3. Unregistered Ch/S. be registered for statistical purpose.
29/09/2021. (S. B. AGRAWAL)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 29/09/2021.
Transcribed on : 04/10/2021.
Signed by HHJ on : 04/10/2021.
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Sanjay Prabhakar Sawant Vs. MMC & Ors.
Unregistered Ch/s. in Misc. Appeal No.163/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : B. Y. Jambhale
Upload date and time : 05/10/2021 (At 12.10 p.m.)
Name of the Judge H. H. THE PRINCIPAL JUDGE
Shri S. B. AGRAWAL (C.R.No.19)
Date of Pronouncement of Order 29th September, 2021.
Order signed by P.O. on 5th October, 2021.
Order uploaded on 5th October, 2021.
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