Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010128622019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 2213 OF 2019
IN
NOTICE OF MOTION NO.663 OF 2019
IN
LONG CAUSE SUIT NO.60 OF 2016
Mr. Abdus Samad A. A. Lakdawala ... Plaintiff
V/s.
1. The Municipal Corporation of
Greater Bombay and 5 Ors. … Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 06/10/2021
Adv.Mr. Madkaikar for the plaintiff.
Adv. Mr. Rahul Mahadik and Ms. Deepali Patil for the defendant/ BMC.
Adv. Mr. Rahul Jathar for the defendant Nos.5 and 6.
ORAL ORDER
1. This Chamber Summons is taken out by the plaintiff for
amendment in prayer clause of contempt Notice of motion No.
663/2019.
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2 Ch/s.2213/2019
2. Defendants filed reply to the Chamber Summons and
contested the Chamber Summons.
3. Perused the Chamber Summons and reply. Heard advocates
for the parties at the length.
4. It is contended by the plaintiff that due to inadvertence
reference of order dated 24.12.2018 passed in clarification of ad interim
order in NM No. 3698/2018 and passed in Appeal From Order (St) No.
14886/2017 passed by Honourable High Court has remained to be
added in the prayer clause of the Notice of Motion No. 663/2019 .
Therefore, the plaintiff wants to make amendment for adding th e said
contents in the prayer clause of the contempt Notice of Motion No
663/2019.
5. The Orders which plaintiff want to refer by way of
amendment are continuation of the order dated 14.01.2016 . Therefore,
as this orders are pertaining the same suit and subject matter they can
be refereed while adjudicating the contempt notice of motion. the
provisions of Order 6 Rule 17 of the CPC amendment is allowed to be
caused only in the pleadings which includes only plaint and written
statement. The notice of motion is not a pleadings and amendment
cannot be allowed in the same. Therefore, plaintiff cannot be allowed to
cause amendment in the prayer clause of the notice of motion as
prayed.
6 In this background, it is held that this chamber summons is
liable to be rejected and following order is passed.
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3 Ch/s.2213/2019
ORDER
1. The Chamber Summons No.2213/2019 is rejected.
3. The Chamber Summons No.2213/2019 is disposed off.
(S.G.Shaikh)
Judge,
Date :06/10/2021 City Civil Court, Gr.Mumbai.
Dictated on : 06/10/2021
Typed on : 06/10/2021
Signed on :
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4 Ch/s.2213/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
08/10/2021 12.20 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
06/10/2021
JUDGMENT/ORDER signed by
P.O.on
06/10/2021
JUDGMENT/ORDER uploaded on 08/10/2021
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