Interim Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT SUIT NO.2812 OF 2019
Mr.Vitthal Sakharam Nandoskar )...Plaintiff
Versus )
Municipal Corporation of )
Greater Mumbai )...Defendants
Appearance:
Ld.Adv.Ms. Narvekar for plaintiff.
Ld.Adv.Mrs Vyavahare for Defendant/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 14/11/2019 (C.R.No.06)
O R D E R
This is chamber summons taken out by the plaintiff for making
amendment in the plaint as well as in the notice of motion. This
chamber summons resisted on behalf of the defendant Corporation by
filing its reply. Read the present chamber summons, affidavit of the
plaintiff in support of chamber summons reply of the defendant
Corporation. Heard both the learned counsels on behalf of both the
sides at length. Perused the record.
2. After hearing the arguments advanced on behalf of both the
sides, on scrutiny of the pleadings of both the parties and after perusal
of the record, it appears that in the present suit the plaintiff has
challenged the order issued by the defendant Corporation to the
plaintiff dated 26/06/2019. Admittedly, after filing of the suit, the
defendant Corporation has passed Speaking order on 31/10/2019. This
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subsequent facts bring by the plaintiff by way of this chamber summons.
Therefore, if the proposed amendment is to be allowed, it will not
change the nature of the suit. It will not cause any injustice on the part
of the defendant Corporation and it is not surprise to the defendants.
Therefore, I inclined to allow this chamber summons. Hence, I have
proceed to pass following order.
ORDER
1. Draft Chamber summons of plaintiff is hereby allowed as
prayed for.
2. Plaintiff and his advocate are hereby directed to carry out
proposed amendment on or before next date.
3. Draft chamber summons is disposed off. It be registered for
statistical purpose.
Date : 14.11.2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 14.11.2019
Transcribed on : 15.11.2019
Signed by HHJ : 18.11.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
18.11.2019 5.00p.m. Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
14.11.2019
Judgment/order signed by P.O on 18.11.2019
Judgment/order uploaded on 18.11.2019
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