Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Order on C/S.139-2020 in Su.No.154-20
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON CHAMBER SUMMONS NO.139 OF 2020
(CNR No. MHCC01-012851-2019)
IN
L.C. SUIT NO. 154 OF 2020
1. Shri Jagdish Bhogilal Pandya ]...Plaintifs
Versus
Mumbai Municipal Corporation of
Greater Mumbai & ]...Defendants
Appearances:-
Ld. Advocate Mr.Jayesh Kalanke for the Plaintif.
Ld. Adv. Mrs.Hajare for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED : 04th February, 2020
ORDER ON CHAMBER SUMMONS NO.139 OF 2020
1. Chamber Summons moved by the plaintif to
permit the plaintif herein to amend the plaint, as described in
the schedule below and further permit to carry out all
consequential amendments suitably in the plaint.
2. Heard, both the sides at length.
3. Ld. Adv. Mr. Kalanke for the plaintif pithily
submitted that, the MCGM has fled TAC report on 19.12.2019
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the amendment is consequential amendment. It will not
change nature of suit the illegality can be changed. The MCGM
has not issued fresh notice u/sec. 354 there in no honest and
bonafde intention while prepare TAC report and plaintif wants
challenged it.
4. Adv.Mrs.Hajare for defendant pithily submitted that
the building structure is dilapidated as per the TAC report.
Plaintif cannot challenge TAC report by the way of
amendment.
5. It is observed by Hon’ble Bombay High Court in Writ
petition No. 2897 of 2006 on dated 20.10.2006.
“The courts while deciding he application for
amendment should not adopt a hyper-technical
approach. Liberal approach should be the general rule
particularly in case where the other side can be
compensated with the costs. Amendment need to be
allowed to avoid uncalled-for multiplicity of litigation.”
6. Thus, if plaintif wants to make the amendment on
the subsequent act of the corporation i.e. defendant which is
consequential. It will not change the nature and character of
the suit. Hence, I proceed to pass following order:
O R D E R
1. Chamber summons No.139 of 2020 in terms of prayer
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clause (a) is made absolute.
2. Plaintif to carry out amendment within two weeks.
3. Chamber Summons No.139 of 2019 is disposed of
accordingly.
(U.J. More)
Judge,
Date : 04.02.2020 City Civil Court, Gr. Mumbai
Dictated on : 04.02.2020
Transcribed on : 04.02.2020
Signed by HHJ on : 04.02.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.02.2020 at 3.15 p.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With
Court Room no.)
HHJ Shri. U.J.More.
C.R. no.08
Date of Pronouncement
of JUDGMENT/ORDER
04.02.2020
JUDGMENT/ORDER signed
by P.O. on
04.02.2020
JUDGMENT/ORDER
uploaded on
06.02.2020
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