Ashok Dharma Gurudekar v. The Municipal Corporation Of Greater Bombay

YBG 50-chs-255-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.255 OF 2017 IN SUIT NO. 3467 OF 2006 Ashok Dharma Gurudekar (Warli ) ..Plaintiff/Applicant

IN THE MATTER BETWEEN

Ashok Dharma Gurudekar (Warli) .. Plaintiff -VersusThe Municipal Corporation of Greater Bombay & Others ..Defendants.

Ms. Nutan S. Moily for Plaintiff/Applicant.

Mr. H.B. Takke, AGP for Defendant Nos. 2 to 5 Ms. Ruchi Chitalia i/b M/s. Markand Gandhi and Co. for Defendant Nos. 13, 14, 23 and 24.

Mr. R.Y.Sirsikar for BMC.

CORAM

:

K.R.SHRIRAM, J.

DATE :

10th April 2017.

P.C.

1] This chamber summons is taken out to delete some of the defendants, who have expired and to add respondents as proposed defendants. Ms. Moily states that the respondents/ proposed defendants have been served with a copy of this chamber

YBG 50-chs-255-17 summons long ago but no affidavit in reply has been filed. Nobody is representing the proposed defendants in the court today. 2] Ms. Moily undertakes to file affidavit of service within one week from today. This also is a pre-trial amendment. Issues have not been framed.

3] In the circumstances, I am inclined to grant relief as sought for in terms of prayer clauses (a) and (b). Chamber summons is disposed of accordingly. Amendments to be carried out and an amended copy be served within four weeks from today. Written statement / additional written statement to be filed within four weeks on receipt of amended plaint. If the written statement is not filed within the stipulated period the suit against those defendants will be transferred to the list of undefended suits without further reference to court.

( K.R.SHRIRAM, J.)