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Court Order

Interim Order 2

CNR MHCC01011161201910 Jan 2020
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Interim Order 2 · 10 Jan 2020 · CNR MHCC010111612019

Order Details: Chamber summons
Pdf Text: Ch/s No. 2188/19 in Suit No. 2824/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2188 OF 2019
(CNR NO. MHCC010126862019)
IN
L. C. SUIT NO. 2824 OF 2019
(CNR NO. MHCC010111612019)
Kumari Farida Mohammed Bashir ...Plaintiff
Versus
Municipal Corporation Of Greater Mumbai & another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 10th JANUARY, 2020.
Mr. Bukhari, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a chamber summons taken out by plaintiff for
amendment in the plaint under Order 6 Rule 17 of CPC.
2. Heard ld. advocate Bukhari for plaintiff and ld. advocate
Tondwalkar for defendant MCGM at sufficient length.
3. It is a matter of record that in view of order of this Court
dated 05/11/2019, the fresh speaking order came to be issued by the
designated officer of the MCGM on 18/11/2019. According to plaintiff,
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Ch/s No. 2188/19 in Suit No. 2824/19. 2 Order.
reply submitted by the plaintiff dated 12/10/2019 was not considered
by the MCGM. Therefore, by way of amendment plaintiff is intending
to challenge the said speaking order.
4. It is to note that plaintiff has challenged the notice under
Section 354A of the MMC Act dated 07/10/2019. It was contention of
plaintiff that reply filed by him was not considered. Therefore, this
Court has directed the MCGM to consider reply and proceed for fresh
speaking order. There will be no change in nature of suit by impugned
amendment. Hence chamber summons deserves to be allowed. Hence
the order :
ORDER
1. Chamber Summons No. 2188/2019 stands allowed.
2. Plaintiff to carry out amendment within 10 days in view of
schedule of chamber summons.
3. No order of cost.
4. Ch/s No. 2188/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 10/01/2020. Mumbai.
1. Dictated on : 09/01/2020.
2. Transcribed on : 14/01/2020.
3. Signed on : 15/01/2020.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 2188/19 in Suit No. 2824/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/01/2020. 11.57 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 10/01/2020.
Judgment/Order signed by P.O. on 15/01/2020.
Judgment/Order uploaded on 16/01/2020.
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