Final Order 1

Order Details: Chamber summons
Pdf Text: CS No. 1928-2019 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
GREATER BOMBAY
CHAMBER SUMMONS NO. 1928 OF 2019
CNR: MHCC01-011020-2019
in
L.C. SUIT NO. 1979 OF 2011
Himanshu Jayantilal Kamdar .....Plaintiff
Versus
MCGM .
... Defendants
CORAM: AD-HOC & ASST.
SESSIONS JUDGE,
S.C. PATHARE,
(C.R. No.05).
DATE : 5th March, 2021.
Appearance:-
Ld Advocate Mungle for plaintiff.
Ld Advocate Soraan for MCGM.
ORAL ORDER
1) Plaintiff took out this Chamber Summons for
amendment in plaint. Defendant submitted say & strongly opposed
chamber summons.
2) On behalf of plaintiff Ld Counsel argued that under RTI
Act plaintiff received certain documents regarding notice structure.
Therefore, it is necessary to carryout such amendments in the plaint.
Advocate of defendant opposed said submissions.
3) Perusal of chamber summons, reply & said documents it
shows that those are pertaining to the notice structure. Therefore, it
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CS No. 1928-2019 2
appears that plaintiff is entitled to bring on the record said facts. No
doubt that burden of proving said facts/allegations shall be on the
shoulders of the plaintiff. Therefore, in order to avoid multiplicity of
litigations between the parties & in order to decide suit on merits the
amendment sought for appears necessary.
4) Considering peculiar facts and circumstances I procced
to pass following order in the interest of justice.
ORDER
1) Chamber Summons No. 1928 of 2019 is
hereby allowed as prayed for.
2) Plaintiff is permitted to carryout the
amendment shown in the schedule within 14
days from the date of this order. Further,
amended plaint shall also be produced within
the said prescribed period under Order 6 Rule
17 & 18 of the C.P.C.
3) Thereafter, defendant will be at liberty to
submit additional written statement, if any.
4) Plaintiff shall avoid delay in the main suit.
(S.C. Pathare)
Ad-hoc Judge
C.R.No.5
City Civil Court
Gr. Bombay
Dictated & directly typed on dais computer: 05/03/2021.
Checked on
	: 05/03/2021.
Signed by HHJ on : 05/03/2021.
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CS No. 1928-2019 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/03/2021. Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI S.C. Pathare (Court Room
No.05)
Date of Pronouncement of
JUDGMENT/ORDER
05/03/2021.
JUDGMENT/ORDER signed by P.O.
on
05/03/2021.
JUDGMENT/ORDER uploaded on 06/03/2021.
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