Final Order 1

Order Details: Chamber summons
Pdf Text: OrderCS1786-2019Suit2817-2015 :1:
CNR No.MHCC01-012099-2015
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1786 OF 2019
IN
L.C.SUIT NO.2817 OF 2015
Mr. Mahendra Kumar Vasudev Jhajhria )
of Bombay, adult, Indian Inhabitant, )
residing at Ajantha Building, )
Ground Floor, Room No.10/11, )
L.D. Ruparel Marg, Malbar Hill, )
Mumbai 400 006. ) Plaintiff.
Versus.
1. Municipal Corporation of Gr. Mumbai )
a body incorporated under the provision )
of B.M.C. Act, having its registered )
office at Mahapalika Bhavan, )
Mahapalika Marg, Mumbai 400 001. )
2. The Assistant Commissioner, )
Municipal Corporation of Greater )
Mumbai, D-Ward, Jobanputra )
Compound,Nana Chowk, Grant Road, )
Mumbai 400 007. )
3. The Assistant Engineer (B & F), )
Designated Officer-II )
Municipal Corporation of Greater )
Mumbai 'D' Ward, Jobanputra )
Compound, Nana Chowk, Grant Road, )
Mumbai 400 007. ) Defendants.
CORAM : HIS HONOUR JUDGE
Mr.SANJAY N. YADAV
COURT ROOM NO.05
DATED : 18TH FEBRUARY 2020.
Plaintiff and advocate absent.
Mrs. Rawade, Advocate for MCGM/defendant.
ORDER
Notice of Motion No.4595/2015 was moved for mandatory
-- 1 of 3 --
OrderCS1786-2019Suit2817-2015 :2:
injunction as the premises was demolished by defendant Corporation
during the pendency of the suit. Notice of Motion was allowed.
Defendant was directed to restore notice structure and on failure by the
defendant to restore structure the plaintiff was entitled to reconstruct
the same and recover amount of expenditure from the defendant. The
plaintiff had restored notice structure to its original form.
2. The plaintiff now seeks to amend the plaint and seeks to recover
expenses incurred for restoring notice structure which was demolished
by the defendant.
3. Chamber Summons is opposed by defendant/Corporation.
4. The facts sought to be amended are subsequent facts which have
taken place during the pendency of suit. The facts sought to be
amendment neither change the nature of suit nor cause any prejudice to
the defendant. In order to avoid multiplicity of suit Chamber Summons
needs to be allowed. Hence order.
ORDER
1. Chamber Summons No.1786 of 2019 is allowed.
2. The Plaintiff to carry out the amendment in the plaint within 14
days from the date of order.
3. Chamber Summons stands disposed off.
(SANJAY N. YADAV)
Judge,
City Civil Court,
Date : 18/02/2020. Gr. Mumbai.
Dictated on : 18/02/2020
Transcribed on : 21/02/2020
Signed on : 27/02/2020
-- 2 of 3 --
OrderCS1786-2019Suit2817-2015 :3:
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 27.02.2020 at 5.50 p.m.
NAME OF STENOGRAPHER : Mr. Vishnu Shinde
Name of the Judge (With
Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
18.02.2020
JUDGMENT/ORDER signed
by P.O. on
27.02.2020
JUDGMENT/ORDER
uploaded on
27.02.2020
-- 3 of 3 --