Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 2270/19 in Suit No. 2578/13. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 2270 OF 2019
(CNR NO. MHCC01-013149-2019)
IN
LONG CAUSE SUIT NO. 2578 OF 2013
(CNR NO. MHCC01-002726-2013)
Mr. Eknath Vitthal Mhaismale ...Plaintif
Versus
Municipal Corporation for Greater Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 24th FEBRUARY, 2020.
Mr. V.T.Dubey, Advocate for Plaintif.
Mrs. Mhatre, Advocate for Defendant / MCGM.
ORDER
This is a chamber summons taken out by plaintif
for two-fold reliefs i.e.
a) For amendment in plaint ;
b) For production of documents.
2. Ld. Advocate V.T.Dubey for plaintif submits that it
was a rainy season in 2013 when plaintif has preferred
present suit. Impugned documents were at his native place,
therefore, he could not produce the documents. Therefore, it
is prayed for amendment in plaint and production of
documents.
3. Perused reply endorsed overleaf of chamber
summons. Ld. Advocate Mhatre for MCGM submits that
whenever original notice of motion is took up for hearing,
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Ch/s No. 2270/19 in Suit No. 2578/13. 2 Order.
plaintif come with fresh chamber summons to protract the
hearing on motion. It is added that impugned documents are
in respect of some specifc room number, which was not
mentioned in plaint nor any description of suit premises in
Para No.1 of the plaint. It is claimed to reject the chamber
summons.
4. On comparison with ration card produced alongwith
plaint and alongwith present chamber summons, there appear
to be substance in submission of ld. Advocate for MCGM.
However, plaintif intend these documents to produce on
record which will help the plaintif to clarify the position.
5. Considering arguments of both side, present
chamber summons is partly allowed to the extent of
production of documents. Hence the order :
- ORDER -
1. Chamber Summons No. 2270/2019 is partly allowed
to the extent of production of documents.
2. Chamber Summons No. 2270/2019 is dismissed to
the extent of amendment in plaint.
3. Plaintif to note suit is 7 years old, expedite the
hearing of Notice of motion.
(G.G.BHANSALI)
Judge, City Civil & Sessions Court,
Date : 24/02/2020. Mumbai.
1. Dictated on : 24/02/2020.
2. Transcribed on : 25/02/2020.
3. Signed on : 25/02/2020.
4. Delivered to Certifed :
Copy Section on
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Ch/s No. 2270/19 in Suit No. 2578/13. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/02/2020. 5.35 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of
Judgment/Order
24/02/2020.
Judgment/Order signed by P.O. on 25/02/2020.
Judgment/Order uploaded on 25/02/2020.
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