Interim Order 2

Order Details: Order below exhibit
Pdf Text: 1 OBE 13 in Comm. Suit 26/2020
ORDER BELOW EXHIBIT 13
IN
COMMERCIAL SUIT NO. 26 of 2020
CNR NO. : MHCC010121302019
M/s. Mafatlal Industries Ltd. ...Plaintiff
Versus
Sowkar Textiles & Tailors ….Defendant
Appearance: `
Adv. Sushant Mishra h/f. Adv. Satyadev Joshi for Plaintiff.
Adv. Jagdish Hegde for Defendant.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 23rd FEBRUARY 2023
ORDER
Heard Learned Advocate Sushant Mishra h/f. Satyadev
Joshi for Plaintiff. Perused the contents of the application. By this
application, the plaintiff prayed that he may be allowed to carry out
amendment in the plaint.
2. I have perused the record. It is seen from the record that
Chamber Summons No. 295 of 2021 was filed by the plaintiff for
amendment in the plaint. My Learned Predecessor vide order dated
01.10.2021 dismissed the Chamber Summons No. 295 of 2021. The
plaintiff preferred the Writ Petition before the Hon'ble High Court
bearing Writ Petition No. 7805 of 2021 against the order passed in
Chamber Summons No. 295 of 2021. The Hon'ble High Court allowed
the Writ Petition and the order passed by the Court in Chamber
Summosn No. 295 of 2021 was set aside and Chamber Summons was
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2 OBE 13 in Comm. Suit 26/2020
allowed in terms of prayers therein. The said order was passed by the
Hon'ble High Court on 25.01.2023. The plaintiff placed on record the
copy of the order of the Hon'ble High Court at Exh.12. Hence, in view of
order passed by the Hon'ble High Court, it is necessary to permit the
plaintiff to carry out amendment in the plaint in terms of prayer clause
made in the Chamber Summons. Hence, I pass the following order :
ORDER
1) The plaintiff is permitted to carry out the amendment
in terms of prayer clause made in Chamber Summons
No. 295 of 2021.
2) Order accordingly.
Dated : 23.02.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 23.02.2023
Transcribed on : 27.02.2023
Signed on : 27.02.2023
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3 OBE 13 in Comm. Suit 26/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
27.02.2023 12.35 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
23.02.2023
Judgment/order signed by P.O on 27.02.2023
Judgment/order uploaded on 27.02.2023
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