Date: 04-02-2020
Business: Adv.Kudalkar for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Adv. to plaintiff directed to tender register ch/s No. 32/2020 on next date.
Matter adjd to 27.02.2020 for service of ch/s and W/S.
Next Purpose: SERVICE
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Vibhavi Pawar for plaintiff present. And tendered original
ch/s 32/2020 and also filed draft ch/s along with affidavit of
service. Leave to register is granted. Copy served to other side.
And filed Copy of disposed NM-1544/19.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 21.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: SERVICE
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: adjd to
Next Purpose: SERVICE
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Mr. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Hajare for deft/MCGM present.
Plaintiff is directed to tender original registered NM No.1508/2020 on next date.
Matter adjd to 25/02/2021 for Service.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Matter adjd to 22/04/2021 for Service of NM and Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Adjd. To 18/11/2021 for service of NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Intern Adv. Apurva h.f. Adv. Kudalkar for Plaintiff present and requests for time for service of NM and Ch/s. Time is granted till next date.
Adv. Chavan for Defendant/MCGM present.
Matter is adjd to 03/02/2022 for service NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 24/03/2022 for service NM and Chs.
Next Purpose: SERVICE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: None for plaintiff.
Adv Mrs Smita Chavan for defendant / MCGM present.
Adjd. To 14/06/2022 for service of NM and Ch/s.
L.O. at 3.50 p.m.
Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present and tendered original registered Notice of Motion No.1508/2020 along-with affidavit in support thereof. TOR .
Adjd. To 14/06/2022 for service of NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present and seeks time to serve the copy of NM and Ch/s. upon Defts.
Adv Mrs Smita Chavan for defendant / BMC present.
Adv. For Plaintiff is directed to serve the copy of NM and Ch/s. upon Defts. in advance.
Adjd. to 20/09/2022 for service of copy and NM and Ch/s. upon Defts./reply to NM and CS.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Jain for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. for plaintiff is directed to serve the copy of N/M and Ch/S to the deft./BMC
Adjd. to 24/11/2022 for service and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
Adjd. to 24/01/2023 for service and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present and has given say on Ch/S overleaf and also requested time to file reply to N/M. Time is granted till next date.
Adjd. to 06/04/2023 for Ch/S hrg. and N/M reply.
Next Purpose: C/S HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Pathak h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Mhatre for defendant / BMC is present and requested for time to file NM reply. Time is granted till next date.
Adjd. to 15/06/2023 for Ch/S hrg. and N/M reply.
Next Purpose: C/S HEARING
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Advocate Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM, Time is granted.
Heard argument of both sides on Chamber summons No. 32/2020
Due to paucity of time matter adjourned for order on chamber summons.
Adjd to 10.08.2023 for Order on Chamber summons/ NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Following order is passed on Ch/S No.32/2020
O R D E R
1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to insert contention in respect of subsequent event of passing speaking order dated 20.12.2019.
2. Adv. for defendant/corporation opposed chambers summons stating that passing of speaking order is separate cause of action and for that plaintiff can file separate suit .
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to insert contentions in respect of subsequent event of passing speaking order dated 20.12.2019. It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
5. In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to incorporate pleading in in respect of subsequent event of passing speaking order dated 20.12.2019. Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/s No.32/2020 is made absolute in terms of prayer clause(a).
2. Plaintiff to carry out necessary amendment within two weeks.
3. Copy of amended plaint be served upon other side.
4. Ch/S No. 32/2020 stands disposed of accordingly.
Adjd to 21.09.2023 for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 10-08-2023
