Order 1

Order Details: Order on Exhibit
Pdf Text: Order dtd.08.07.2025 :: 1 :: Exh.14 L.E.& C.Suit 73 of 2024
CNR No. MHSCA- 3000809-2024
IN THE COURT OF SMALL CAUSES, AT MUMBAI.
(BANDRA BRANCH)
Order Below Exhibit-14
In
L.E. & C. Suit No.73 of 2024
Mrs. Sudha Ganesh Kamath ….... Plaintiff
V/s.
M/s. Secure Hospitality & Insurance Services Pvt. Ltd. …... Defendant
And
M/s. Secure Infrastructures Pvt. Ltd. ….Proposed
Defendant
Coram : P. P. Naigaonkar,
Judge, C.R. No. 38 (B.B.)
Date : 08th July, 2025
Oral Order :
1. Read application, reply filed by the defendant below Exhibit-17.
Heard, both the learned Advocates.
2. This application is filed by plaintiff for permitting him to carry out
amendment in the Plaint as per Schedule ‘A’ annexed with the
application. The plaintiff has also prayed for carrying out amendment in
Interim Application below Exhibit-12 as per Schedule ‘B’. The plaintiff
has also prayed for carrying out amendment in Interim Application
Exhibit-13 as per Schedule ‘C’ by condoning the delay. It is the
contention of the plaintiff that, he has taken out two interim
applications below Exhibit-12 and 13 which are for grant of temporary
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injunction and for directing the defendant to deposit the monthly
compensation respectively. After the appearance of the defendant, he
has filed the written statement and also relied on two Leave and Licence
Agreements. In view of the said development, the plaintiff wish to
amend the Plaint, interim applications Exh.12 and 13 and make
changes in the same. It is the contention of the plaintiff that, the
plaintiff wish to join necessary parties after amendment. No hardship or
prejudice will be caused to the defendant, if the amendment is allowed.
Thus, prayed to allow the application.
3. The defendant has filed reply below Exhibit-17 and denied all the
contentions. The defendant has stated that, the nature of the suit will
change, hence, amendment can not be allowed. It is further contended
that, the plaintiff wish to change the claim and also the cause of action
and also want to alter the basic structure which is not permissible. By
changing the nature of suit, irreparable loss will be caused to the
defendant. The defendant further stated that, the application is not
maintainable, hence, it may be rejected with costs.
4. At the outset, this application is taken out by the plaintiff to allow
him to carry out the amendment in the plaint as per Schedule- “A”
annexed with the application and to carry out the amendment in
Interim Application Exhibit-12 as per Schedule ‘B’ and to carry out the
amendment in Interim Application Exhibit-13 as per Schedule ‘C’. The
plaintiff wish to amend the Plaint and add Para No.19(a) and also wish
to delete the dates in Para No.20 to 22 and 29 and replace the same
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with different dates, also wish to delete the amounts in Para Nos. 30,
35, 36 and replace the same with different amounts and the plaintiff
also wish delete the amount in Prayer Clause (d), (e) and (a) and
replace the same with different amount and also want to add proposed
defendant as defendant No.2. It appears that, the plaintiff wish to
amend the Plaint on the ground that, the defendant has filed written
statement and annexed with it the Leave and Licence Agreement dtd.
01.11.2014 and 05.12.2015 as Exh. 4 and Exh. 5. It appears that, the
said Agreements are vital evidence for deciding the present case on
merit. It is stated that, ‘M/s. Secure Infrastructure Pvt. Ltd’ is also
involved in the issue of the suit. ‘M/s. Secure Infrastructure Pvt. Ltd’
was having common Director Mr. Sanjay Kumar Singh. The plaintiff
wants to add ‘M/s. Secure Infrastructure Pvt. Ltd’ as defendant No.2.
5. The plaintiff wish to make amendment in Interim Application
Exhibit-12 also on the same grounds and also wish to make amendment
Interim Application Exhibit-13 on the same grounds. By way of
amendment in Interim Application Exhibit-12, the plaintiff wants to
add proposed defendant ‘M/s. Secure Infrastructure Pvt. Ltd’ as
defendant No.2. The plaintiff wish to add Para No.3(a) and wish to
delete the dates in Para Nos. 4, 5, 10, 11 and 12 and replace the same
with different dates and wish to delete amount in Para Nos.8 and
replace the same with different amount. By way of amendment in
application Exhibit-13, the plaintiff wants to add proposed defendant
‘M/s. Secure Infrastructure Pvt. Ltd’ as defendant No.2. The plaintiff
wish to add Para No.3(a) and delete the dates in Para Nos.4, 5, 10, 11,
12, 19 and replace the same with different dates and also wish to
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delete the amount in Para No. 8, 20, 22 and replace the same with
different amount. The plaintiff also wants to delete the amount in
Prayer Clause (a), (b) and (c) and replace the same with different
amounts.
6. At this juncture, the question before the Court is, whether the
proposed amendment sought to be carried out is just and essential. In
the present case, as stated by the plaintiff, after appearance of the
defendants and on going through the written statement of the
defendants, execution of two more Agreements of Leave and Licence
dtd. 01.11.2014 and 05.12.2015 came to the knowledge of the plaintiff.
In pursuance of the same, the plaintiff wish to make amendment in the
Plaint and incidental applications Exhibit-12 and Exhibit-13. It appears
that, the said amendment will help to decide the issues in the matter. In
order to meet the ends of justice and avoid multiplicity of the
proceedings, the said amendments appears to be just and proper. The
nature of suit does not change. It appears that, by way of said
amendment, the plaintiff wish to claim some amount of compensation
in its enhance rate. It appears that, the plaintiff is also ready to pay the
additional court fees for claiming the said enhance compensation. In
view of the above circumstances, it appears that, the amendment sought
by the plaintiff will not cause any hardship or prejudice to the other
side. The other side has brought the said facts of execution of Leave and
Licence Agreements by way of their Written Statement. They will also
get an opportunity to amend their Written Statement, reply to the
Interim Applications.
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7. Under the provisions of Order 6 Rule 17 of the Code of Civil
Procedure, 1908, the Court may at any stage of proceedings allow
either party to alter or amend his pleading in such manner and on such
terms as may be just and all such amendments shall be made as may be
necessary for the purpose of determining the real question in
controversy between the parties. Further, the proviso connotes that no
application for amendment shall be allowed after the trial has
commenced, unless the Court comes to the conclusion that in spite of
due diligence, the party could not have raised the matter before the
commencement of trial. Thus, considering these aspects, I accept the
submissions of the plaintiff. Therefore, in the interest of justice and to
decide the matter on merit, application is allowed. Hence, I pass the
following order :-
O R D E R
1. Application (Exh.14) is allowed.
2. The plaintiff is allowed to carry out necessary
amendment in the Plaint, Interim Applications
Exhibit-12 and Exhibit-13 as per schedule “A”, “B”
and “C” annexed with the application within
stipulated period and supply the copy of amended
plaint and amended Interim Applications Exhibit-
12 and Exhibit-13 on record and to the defendants.
(P. P. Naigaonkar)
Judge, C.R. No. 38 (B.B.)
Date : 08.07.2025 Small Causes Court, Mumbai
Order dictated on : 08.07.2025
Order Typed on : 10.07.2025
Order Checked & Signed on : 11.07.2025
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