Final Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 2050 OF 2019
IN
L.C. SUIT NO. 2396 OF 2019
(CNR NO. MHCC010116492019)
Shri Ramshiroman Jaiswar & Anr )...Plaintiffs
Versus
The Municipal Corporation of Greater Bombay )
& Anr. )...Defendants
Appearance:
Advocate Mr.P.D.Gandhy for Plaintiff.
Advocate Mr. Kumawat for Defendant /MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
(C.R.No.06)
DATE : 18/11/ 2019.
O R D E R
This is a 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 Municipal
Corporation by filing their reply. Read the chamber summons, affidavit
of the plaintiff and reply of the defendant Municipal Corporation.
Heard both the learned counsels on behalf of both the sides at length.
Perused the record.
2. The learned advocate on behalf of the plaintiff has submitted that
in the present case the plaintiff has challenged notice issued by the
defendant Municipal Corporation under section 351 of MMC Act dated
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05/08/2019 and order passed dated 28/08/2019. During filing of the
suit of the plaintiff, the defendant Corporation subsequently passed
Speaking order dated 18/10/2019. Therefore, the present chamber
summons taken out by the plaintiff for making amendment in the plaint
and notice of motion.
3. On scrutiny of the pleadings of both the parties and after hearing
arguments advanced on behalf of both the sides, it appears that
admittedly on 5/08/2019, the defendant issued notice under section
351 of MMC Act. Admittedly, without considering the reply filed by the
plaintiff, the defendant Municipal Corporation has passed Speaking
order dated 28/08/2019. On perusal of the record, it appears that the
present suit came to be filed on 03/09/2019. During pending of the
suit, subsequent order passed by the defendant Municipal Corporation.
After considering the record and documents produced by the plaintiff,
defendant Municipal Corporation passed Speaking order dated
18/10/2019. By way of this chamber summons, the plaintiff wants to
bring subsequent changes in the present plaint as well as in the notice
of motion. Therefore, if the chamber summons is to be allowed, then it
will not cause any hardship on the part of the defendant Municipal
Corporation. The nature of the suit will not be changed. Hence, I have
proceed to pass following order.
ORDER
1. Plaintiffs chamber summons no. 2050/19 is hereby allowed as prayed
for.
2.The plaintiffs and their advocate are hereby directed to carry out
proposed amendment in the plaint and notice of motion within
stipulated period.
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3. Chamber summons no. 2050/19 is disposed off accordingly.
Date :18/11/2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 18/11/2019
Transcribed on : 19/11/2019
Signed by HHJ : 20/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
20/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
18/11/2019
Judgment/order signed by P.O on 20/11/2019
Judgment/order uploaded on 20/11/2019
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