Final Order 1

Order Details: Other
Pdf Text: 07.01.2020
Comm Suit
79/19 @
Ch/S
2042/19
CORAM : HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. M. W. CHANDWANI (C.R. NO.19)
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.
Principal Judge,
Gr. Mumbai.
-- 1 of 1 --