Final Order 1

Order Details: Chamber summons
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 2083 OF 2019
IN
L.C. SUIT NO. 2155 OF 2019
(CNR NO. MHCC010118062019)
Mr.Ronak Domnic Worlikar )...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai )...Defendants
Appearance:
Advocate Mrs.Narvekar for Plaintiff.
Advocate Mr. Kumawat for Defendant /MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
(C.R.No.06)
DATE : 20/11/ 2019.
O R D E R
This 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 its reply. Read the chamber summons, reply of
the defendant Municipal Corporation thereon. Heard both the learned
counsels on behalf of both the sides at length. Perused the record.
2. On scrutiny of the pleadings of both the parties, it appears that
the plaintiff has contended that during pending of the suit, the
defendant Municipal Corporation has issued notice under section 354
A(2) of MMC Act dated 17/10/2019.
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3. The defendant Municipal Corporation has resisted this chamber
summons by stating that if this chamber summons of the plaintiff is to
be allowed, then the nature of the suit will be changed.
4. After hearing arguments advanced on behalf of both the sides at
length, after perusal of the proposed amendment, it appears that during
pending of the suit, the defendant Municipal Corporation has passed
subsequent notice under section 354 A(2) of MMC Act. Therefore, if the
subsequent change brought by the plaintiff on record, then it will not
change the nature of the suit. Moreover, the defendant would not
surprise. Therefore, I inclined to allow the chamber summons. Hence, I
have proceed to pass following order.
ORDER
1. Plaintiff's chamber summons no.2083/19 is hereby allowed as prayed
for.
2.Plaintiff and his advocate are hereby directed to carry out proposed
amendment on or before next date.
3. Chamber summons no. 2083/19 is hereby disposed off accordingly.
Date :20/11/2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 20/11/2019
Transcribed on : 21/11/2019
Signed by HHJ : 22/11/2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
22/11/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR No.06)
Date of Pronouncement of
Judgment/Order
20/11/2019
Judgment/order signed by P.O on 22/11/2019
Judgment/order uploaded on 22/11/2019
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