Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/S No. 2212 of 2019
in Suit No.1666 of 2019. 1
MHCC010128712019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS No. 2212 OF 2019.
IN
SUIT NO.1666 OF 2019.
ACC Limited. ...Applicant/
Plaintiff.
In the matter between-
ACC Limited. ...Plaintiff.
V/s.
1.M/s. Sri Projectss (Pune) Infratech and Buildcon
Pvt. Ltd and Ors. ..Defendants.
Appearance:
Adv. for plaintiff- None.
Adv. for defendant- None.
CORAM : Her Honour Judge Smt.
Ashwini V. Kasture.
C.R.No. : 59
DATE : 16th November, 2024.
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Ch/S No. 2212 of 2019
in Suit No.1666 of 2019. 2
ORDER
This Chamber Summons is taken out by the plaintiff with a
prayer to allow him to amend the plaint as per schedule given along
with Chamber Summons.
2. According to the plaintiff, it has filed the present suit
seeking recovery of total amount of Rs. 97,72,644/- (Rs.Ninety Seven
Lakhs, Seventy Two Thousand, Six Hundred Forty Four only) along with
interest from the defendants. The plaintiff seeks to amend the plaint to
include certain facts in relation to payment of sum by the defendant
No.1 to the plaintiff. Such facts are relevant and germane for the
present suit and for an effective adjudication of the rights and liabilities
of the parties to the suit. The suit is at initial stage. The trial has not yet
commenced. The amendment sought do not alter the nature of the suit.
On the other hand, it is necessary to determine the real issues in
controversy in between the parties. Hence, requested to allow the
Chamber Summons.
3. The defendant has filed its affidavit in reply objecting the
Chamber Summons. According to the defendant, the defence has raised
issue of jurisdiction as no cause of action arose within the jurisdiction
of this Court. Therefore, to fill up the lacuna, the present Chamber
Summons has been taken out by the plaintiff. The present Chamber
Summons is not sustainable as suit is filed in the year 2016 and the
present Chamber Summons has been taken out in the year 2019 i.e.
After filling of written statement in February 2017. The ground
mentioned for taking out the present Chamber Summons is not
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Ch/S No. 2212 of 2019
in Suit No.1666 of 2019. 3
sufficient. Lastly the defendant prayed to dismiss the Chamber
Summons.
4. Perused the Chamber Summons supported with affidavit
and the reply filed by the defendant on it. Also perused the record.
5. On perusal of record, it shows that the defendant has filed
written statement on record. However, yet the evidence has not been
started. According to the defendant, the plaintiff wants to amend the
plaint on the basis of defence taken by it in written statement with
respect to the jurisdiction. The plaintiff by adding certain facts in the
plaint wants to amend the plaint, such as payment made by the
defendants to the plaintiff and details of bank account in which it is
made. The plaintiff also wants to amend the plaint showing the
jurisdiction of this Court. On this amendments, the nature of the suit
will not be changed. On the contrary, these facts proposed to be
amended are necessary and essential to determine the real question and
dispute between the party. Hence, I am inclined to allow the Chamber
Summons and passed the following order:
ORDER
1. The Chamber Summons No. 2212 of 2019 is allowed
subject to the costs of Rs.5,000/-to the defendants.
2. On payment of cost, the plaintiff is directed to carry out the
amendment in the plaint immediately and to serve it’s copy
upon other side on or before the next date.
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Ch/S No. 2212 of 2019
in Suit No.1666 of 2019. 4
3. The Chamber Summons No. 2212 of 2019 is disposed of
accordingly.
(Smt. A.V. Kasture)
Judge
Dt.:16/11/2024. City Civil Court, Gr. Mumbai.
Declared on : 16.11.2024.
Dictated on : 16.11.2024
Transcribed on : 22.11.2024.
Checked on : 25.11.2024.
Signed on :
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03.12.2024 at 01.00 -p.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Smt.A.V.Kasture,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 16.11.2024
Order signed by P.O. on 25.11.2024
order uploaded on 25.11.2024
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