Date: 11-12-2019
Business: Adv. Vibhor Kapoor i/b Rajani Associates for plaintiff is present and tendered registered Chamber Summons No.2042/19 alongwith affidavit in support.
Adv. Mohit Rao i/b Adv. Madhukar Dalvi for respondent is present and filed Reply to Chamber Summons. TOR and marked as Exh.3.
Copy served to other side.
Adjourned to 07.01.2020 for Hearing on Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Ms.Kavita Brid Chavan i/b Rajani Associates for plaintiff is present.
Adv. Sachin Gupte h/f Adv. Madhukar Dalvi for respondent is present.
Heard both the sides on Chamber Summons.
Order on Chamber Summons No.2042/19
By the present Chamber Summons, the plaintiff seeks amendment of the plaint in the Clause Title, Synopsis, Index, Memorandum of Registered Address, List of Documents and Affidavit in support of plaint. Heard both the parties. Perused the application and reply. Suffice to say that initially the suit under Order 37 of CPC came to file as Summery Suit. Later on it was registered as Commercial Summary Suit. In view of the conversion in the category of the suit, present Chamber Summons came to be filed for deleting the word Order 37 of Code of Civil Procedure wherever it appears on the plaint and documents annexed with plaint and other consequential amendment. The defendant filed reply contending that the plaintiff was aware of the fact that suit should not have been filed under Order 37. The application made to delay trial hence sought rejection.
It is matter of record that the initially suit was filed under Order 37 of the Code, however department registered it as a Commercial Summery Suit being the Commercial Suit under the provisions of the Commercial Courts Act, 2015 the propose amendments are of formal in nature just.
No prejudice will be caused to the defendant, rather if the plaint is corrected, it will be convenient to the parties.
Hence this order.
ORDER
1 Chamber Summons No.2042/19 is allowed.
2. Plaintiff is allowed to carry out the amendment mentioned in schedule within one week.
3. Copy of amended plaint be served to other side.
Adjourned to 23.01.2020 for Written Statement.
Nature Of Disposal: ALLOWED
Disposal Date: 07-01-2020
