Interim Order 1

Order Details: Chamber summons
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT CHAMBER SUMMONS
IN
L.C. SUIT NO. 3270 OF 2019
Smt.Vaishali Ashok Palkar )...Plaintiff
Versus )
The Municipal Corporation of )
Greater Mumbai )...Defendants
Appearance:
Ld.Adv.Mr. Nagendra Dubey for plaintiff.
Ld.Adv.Mr.Kumawat for Defendants/MMC.
CORAM: HIS HONOUR JUDGE
SHRI. R.V.KOKARE
DATE : 20/12/2019 (C.R.No.06)
O R D E R
This chamber summons is taken out by the plaintiff for making
amendment in the present suit as well as in the notice of motion. This
chamber summons resisted on behalf of the defendant Corporation by
filing its reply. Read the present chamber summons, reply thereon.
Heard both the learned counsels on behalf of both the sides at length.
Perused the record.
2. The learned counsel on behalf of the plaintiff has submitted that
during pending of this suit, the defendant Corporation has passed
Speaking Order dated 17/12/19. The plaintiff wants to that effect to
make amendment in the present suit as well as in the notice of motion
taken out by the plaintiff.
-- 1 of 3 --
2
3. The learned counsel on behalf of the defendant Corporation has
submitted that if this chamber summons is to be allowed, the nature of
the suit will be changed. On these ground, the learned advocate on
behalf of the defendant has submitted that the present chamber
summons taken out by the plaintiff may kindly be dismissed.
4. On scrutiny of the pleadings of both the parties and on perusal of
the record, admittedly, the present suit came to be filed by the plaintiff
on 03/12/2019. The Speaking order passed by the defendant
Corporation on 17/12/2019 i.e. during the pending of the suit. The
plaintiff wants for making the change in the suit as well as in the notice
of motion for changing circumstance after filing of the present suit. If
the chamber summons is to be allowed, the nature of the suit will not
change. Hence, the present chamber summons is to be allowed.
Therefore, I proceed to pass following order.
ORDER
1. Plaintiff's draft chamber summons dated 20/12/2019 is hereby
allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry out
proposed amendment within stipulated period.
3. Draft chamber summon is disposed off accordingly. It be registered
for statistical purpose.
Date : 20/12/2019. (R.V.Kokare)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 20/12/2019
Transcribed on : 24/12/2019
Signed by HHJ : 24/12/2019
-- 2 of 3 --
3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
24/12/2019 Mrs. V.V.Malgaonkar
Name of the Judge HHJ Shri R.V.Kokare(CR
No.06)
Date of Pronouncement of
Judgment/Order
20/12/2019
Judgment/order signed by P.O on 24/12/2019
Judgment/order uploaded on 24/12/2019
-- 3 of 3 --