Final Order 1

Order Details: Order
Pdf Text: 1 CS-476/19-SU-2992/15
IN THE CITY CIVIL COURT AT DINDOSHI
(BORIVALI DIVISION), GOREGAON, MUMBAI
CHAMBER SUMMONS NO.476 OF 2019
(CNR No.MHCC040036272019)
IN
L.C.SUIT NO.2992 OF 2015
Mr. Gajanan Tambe ...Plaintiff
Vs.
Municipal Corporation of Greater
Mumbai. ...Defendant
Adv. Mr. A.A. Shaikh for the plaintiff.
Adv. Ms. Sajnani for the defendant.
Coram: His Honour Judge,
H.B.Gaikwad.
(C.R.No.8)
Date : 29th July, 2019.
ORAL ORDER
The defendants have taken out the present Chamber
Summons for filing additional affidavit in reply and documents on record.
2. It is stated that the defendants have filed their reply to the
-- 1 of 4 --
2 CS-476/19-SU-2992/15
Notice of Motion. During the course of arguments on 1.03.2019, the court
has raised certain queries and the matter was adjourned for filing
additional reply by the defendants. Though, the contentions are raised in
the reply, however, inadvertently, some documents are not filed on record,
which the defendants now want to file on record. In such circumstances,
the present Chamber Summons has been filed for necessary permission.
3. The plaintiffs by filing reply has strongly objected the
Chamber Summons. They stated that the defendants are trying to fill up
the lacuna by seeking permission to file additional affidavit, that too when
the court has put the query. They stated that if the permission is granted,
it will cause serious prejudice to the right of the plaintiffs. They thus,
prayed for rejection of the Chamber Summons.
4. The learned advocate for the defendants submitted that the
defendants only wants to file certain documents to substantiate their
defense. He submitted that though, there is pleading, however,
inadvertently, the documents could not be filed in its support. He further
submitted that no prejudice will be caused to the plaintiffs, if the
permission to file additional affidavit in reply and documents on record is
granted. He, thus, prayed for allowing the Chamber Summons.
5. As against this, the learned advocate for the plaintiffs opposed
the Chamber Summons on the ground that the defendants are trying to
cure the loopholes in their defense. He submitted that it will cause serious
prejudice to the plaintiffs, if the defendants are allowed to file additional
-- 2 of 4 --
3 CS-476/19-SU-2992/15
reply and documents. He, therefore, prayed for rejection of the chamber
summons.
6. It is evident from the chamber summons that the defendants
are only seeking to file additional reply to the Notice of Motion filed by the
plaintiffs. They also seek to file the documents in support of the contention
which they have already raised in their original reply. The Notice of
Motion is still pending. No prejudice will be caused to the plaintiffs, if the
defendants are permitted to file additional reply and the documents. The
plaintiffs will also get an opportunity to file rejoinder, if they so desire. In
such circumstances, it will be just and proper to allow the defendants to
file additional reply and the documents on record. In the circumstances,
plaintiff No.1, who has opposed the chamber summons by filing reply,
deserves to be compensated for the delay caused in filing the additional
affidavit in reply and documents. Hence, I pass the following order :
ORDER
1. The Chamber Summons No. 476/2019 is allowed.
2. The defendants are allowed to file additional affidavit in reply
and documents on record, subject to payment of costs of
Rs.3,000/ to plaintiff No.1, within a period of 15 days from the
date of this order.
3. On payment of costs, the additional affidavit in reply and the
documents, be taken on record.
-- 3 of 4 --
4 CS-476/19-SU-2992/15
4. The Chamber Summons No.476/2019 stands disposed of,
accordingly.
Date : 29.07.2019 (H. B. Gaikwad)
Judge
City Civil Court,
(Borivali Division),
Dindoshi, Goregaon,
Mumbai
Dictation given directly on computer on : 29.07.2019
Checked and signed by HHJ on : 29.07.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE ATUL SURYAKANT BHOGTE
AND TIME : 1.08.2019 2.40 P.M. NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.) HHJ Shri H.B.Gaikwad
(Court Room No.8)
Date of Pronouncement of Judgment/Order 29.07.2019
Judgment/Order signed by P.O. on 29.07.2019
Judgment/Order uploaded on 01.08.2019
-- 4 of 4 --