Final Order 1

Order Details: Chamber summons
Pdf Text: 1 C.S.1987 of 2019
CNR:MHCC010112662019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
CHAMBER SUMMONS NO.1987 OF 2019
IN
L.C.SUIT NO.766 OF 2011
1. Nasirbhai Plasticwala & Anr. .. Plaintiffs
V/s.
1. Municipal Corporation for Greater Bombay
..Defendant
Appearance:
Adv. Khatib for plaintiff
Adv .Vidya Vyavhare for defendant/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 06/05/2023
ORDER
1 The plaintiffs have taken out this Chamber Summons for
amendment in the suit plaint as per the schedule annexed to it.
2 The Chamber Summons has been replied and opposed by
the defendant/Corporation.
3 Heard.
-- 1 of 4 --
2 C.S.1987 of 2019
4 The Adv. for plaintiff made submission that the suit has
been filed for deceleration and injunction against the impugned notice
u/s 354 A of MMC Act. After filing of the suit, Plaintiff's by their reply
dtd. 25.05.2019 have denied the allegations of defendants as contained
in the notice dated 24.03.2019 and set out correct facts and submitted
documentary evidence. In said circumstances it is necessary for the
plaintiff to amend the suit paint and incorporate above facts in the suit
no prejudice would be caused to the defendant if the amendment is
allowed as the same does not introduce new cause of action and does
not change nature of suit.
5 The defendant/Corporation has filed the reply and stated
that by way of present amendment, plaintiff wants to add unnecessary
facts on record. The Plaintiff has deliberately taken out this Chamber
Summons to cause delay in the suit proceeding after obtaining stay
order from the court. They does not bother to file reply to the notice
before the corporation authority and the reply now came to be filed
after 8 years of the notice. Said delay is not satisfactorily explained.
Hence, Chamber Summons is liable to be dismissed.
6 It reveals that alongwith the Chamber Summons, the
plaintiffs have produced the documents on which they are relying upon
in the present suit. It transpires that the suit is at its preliminary stage
and trial is yet not commenced. The reasons for additions of pleadings
are satisfactorily explained in the Chamber Summons. Once the
amendment is allowed, the defendant would be at liberty to carry out
consequential amendment in their Written Statement. So no harm or
prejudice would be caused to defence of defendant. Above all it reveals
-- 2 of 4 --
3 C.S.1987 of 2019
that this amendment does not either introduce new cause of action or
changes nature and scope of the suit.
7 Hence, in view of aforesaid discussion made above, I hold
that the Chamber Summons deserves to be allowed in the interest of
justice. Hence, I proceed to pass following order.
ORDER
1 Chamber Summons No.1987 of 2019 is allowed.
2 Plaintiffs are permitted amend the suit as per the schedule
annexed to this Chamber Summons and carry out the amendment
within 14 days of passing of this order.
3 Consequential amendment is allowed, if any, in the suit
proceedings.
4 Chamber Summons is disposed off.
Date: 06/05/2023
(A.H.KASHIKAR)
ADHOC Judge, City Civil Court,
Dictated on :06/05/2023 Gr.Mumbai.
Typed on :06/05/2023
Signed on :06/05/2023
-- 3 of 4 --
4 C.S.1987 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15/05/2023 11.05 a.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Smt. A.H. Kashikar
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
06/05/2023.
JUDGMENT/ORDER signed by P.O.on 06/05/2023
JUDGMENT/ORDER uploaded on 15/05/2023
-- 4 of 4 --