Final Order 1

Order Details: Other
Pdf Text: MA 114/2019 SUM SUIT NO.3567/2012 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
MISCELLANEOUS APPLICATION NO.114 OF 2019
IN
SUMMARY SUIT NO. 3567 OF 2012
CNR NO.: MHCC010057802011
Euro Ceramics Limited ...Plaintiff
Versus
Mahatma Gandhi Vidya Peetha Trust ….Defendant
Appearances:
Advocate Jarin Doshi for the Plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATED : 04th OCTOBER 2019
ORDER
This application is filed for amendment of judgment and decree.
2. Heard Ld. counsel for plaintiff.
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to amend judgment and decree dt.
06.12.2018
Yes
2.What order and decree? As per final order
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MA 114/2019 SUM SUIT NO.3567/2012 2
REASONS
AS TO POINT NOS.1 &2.
5. Initially the Summary Suit No. 1525/2012 was filed before the
Honourable High Court. Thereafter suit was transferred to this court.
On 06.12.2018 suit was decreed. In the operative order this court has
granted recovery of Rs. 21,90,198.59ps with simple interest @ 9%
from the date of filling of the suit i.e. from 12.07.2018 till its
realization. It is to be noted that suit was filed on 12.07.2011 and due
inadvertence and by oversight in the judgment and decree wrongly the
date 12.07.2018 is mentioned. That date has to be corrected as
12.07.2011. The reason stated in this application is satisfactory. The
amendment pertains to correction of typographical error therefore,
Point no.1 answer is 'Yes' and point no.2 is answered as per final order
following order is passed
ORDER
1. Miscellaneous Application No.114/2019 is allowed.
2. The Original judgment and decree dated 06.12.2018 shall be
amended and in operative order the date of filling of the suit shall be
corrected as 12.07.2011 instead of 12.07.2018.
3. No order as to cost.
4. Miscellaneous Application No.114/2019 is disposed of
accordingly.
(M.S.LONE)
Judge,
Date: 05/10/2019 City Civil Court,Gr. Bombay
Dictated on : 05.10.2019
Transcribed on : 05.10.2019
Signed on : 07.10.2019
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MA 114/2019 SUM SUIT NO.3567/2012 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07/10/2019 at 05.30p.m. A. S. Sugdare
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
05/10/2019
Judgment/Order signed by P.O. on 07/10/2019
Judgment/Order uploaded on 07/10/2019
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