Final Order 1

Order Details: Chamber summons
Pdf Text: CS 2099 of 2019 in
Suit No. 1609 of 2015 1 Dt. 30/08/2021
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO. 2099 OF 2019
IN
SUIT NO. 1609 OF 2015
CNR NO. MHCC010118472019
Shri. Anthony Clowdin Pereira ...Plaintiff.
V/s.
Shri. Evarish Clowdin Pereira ...Defendant
APPEARANCES:
Ld. Adv. Nizzica Francis Pinto I/b Shilpa M. Morje for plaintiff.
Ld. Adv. Pranali Rauti I/b M/s. Legal Catalyst for defendant.
CORAM : HHJ SHRI A.H.LADDHAD
DATE : 30/08/2021
(C.R.NO.3)
ORDER
1. The plaintiff has filed instant Chamber Summons seeking
formal correction in the Vakalatnama.
2. The Chamber Summons is opposed by the defendant. Heard
both the sides. On perusal of Chamber Summons, it appears that
the defendant took objection in the vakalatnama of the plaintiff.
Ld. Advocate for the defendant contended that the Chamber
Summons is not maintainable as vakalatnama is not part of the
pleadings.
3. I find substance in the objection of the defendant. As per
Order VI Rule 17 of Code of Civil Procedure, the amendment can
be allowed in the pleadings of the parties. The pleadings include
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CS 2099 of 2019 in
Suit No. 1609 of 2015 2 Dt. 30/08/2021
Plaint and Written Statement which certainly does not include
Vakalatnama. Hence, I am of the view that the Chamber
Summons is misconceived. At the most, the plaintiff can be
allowed to file fresh Vakalatnama. Thus, I proceed to pass the
following order :
ORDER
1. Chamber Summons No. 2099 of 2019 is hereby dismissed
with no order as to the cost;
2. Plaintiff is allowed to file fresh vakalatnama;
3. Chamber Summons No. 2099 of 2019 stands disposed of
accordingly;
(A.H.LADDHAD)
DATE: 30/08/2021 ADDITIONAL SESSIONS JUDGE
GRATER MUMBAI
Dictated on : 30/08/2021
Transcribed on : 30/08/2021
Draft submitted on : 30/08/2021
Checked on : 31/08/2021
Signed on : 31/08/2021
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CS 2099 of 2019 in
Suit No. 1609 of 2015 3 Dt. 30/08/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
31/08/2021 at 4.00 p.m. (Ms. V. V. Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of
JUDGMENT/ ORDER
30/08/2021
JUDGMENT/ORDER signed by
P.O. on
31/08/2021
JUDGMENT/ORDER uploaded
on
31/08/2021
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