Mrs. Zubeda Gaffar Shekda and Anr.VsMCGM

Date: 21-01-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 27.02.2020  for ad-interim argument P.H. .
L.O. at 3.15pm
Adv. S.K. Dubye  for plaintiff present and tendered original NM 345/2020.
Heard both sides. plaintiffs advocate have no objection for inspection by the concern officer in the notice premises.
Plaintiff No.2 is present he has no objection.
Both plaintiffs are directed to cooperate the concern officer for inspection purpose only notice premises.
Earlier order, if any, to continue till next date.
Matter adjd to 27.02.2020 Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: None for plaintiff.
Adv. Mrs. Hajare for MCGM/Deft. present.
Matter adjd to 18.06.2020  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plaintiff.
Adv. Khandagale h/f Adv. Ms. Smita Chavan for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 09/02/2021 for Ad-interim hearing and Ch/s Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 30/03/2021 for Ad-interim Hearing and Ch/s Reply.
Later On. At 03.00 pm.
Adv. Deepika Malu for applicant present.
Matter is already adjd to 30/03/2021 for Ad-interim Hearing and Ch/s Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021  for Ad-interim hrg / ch/s reply
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021

Date: 12-08-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
Adv M.S. Shaikh for applicant present.
On oral request of advocate for plaintiff to file reply to Ch/s and to argue on Ad-interim reliefs, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 02/09/2021 for ch/s reply / ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present and filed reply on Ch/s No.444/2021. Copy is supplied to the advocate for defendant / MCGM.
Adv Mrs Rawade for defendant / MCGM present.
Adv M.S. Singh for applicant present.
On oral request of advocate of applicant, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Rawade for defendant / MCGM present.
Adv V.B. Shukla for applicant present.
Heard both sides on Ch/s No.444/2021.
Earlier order, if any, to continue till next date.
Adjd. To 17/09/2021 for order on Ch/s No.444/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Rawade for defendant / MCGM present.
F.R.S.R. Following order is passed on Ch/s No.444/2021-
ORDER
1. Chamber Summons No.444 of 2021 in Suit No.186 of 2020 stands rejected in terms of prayer clause (a) and (b) being devoid of merit.
2. Chamber Summons No.444 of 2021 in Suit No.186 of 2020 is disposed of accordingly.
Earlier order, if any, to continue till next date.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 12/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 23/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 08/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present and requests for time file reply to NM.
Earlier order, if any, to continue till next date.
Adjd. To 05/05/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.5253/2012 and 2435/2013, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 05/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 11/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Rakesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present present and requested time as matter is pertains to N-ward. Hence, time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and tendered reply to N/M and list of document, TOR. List of documents is marked as Exh.4. Copies are supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 17/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. V. T. Dubey for plaintiff present and requested time to argue on N/M.
Adv. Mrs. Rawade for defendant/ BMC is present and opposed for adjournment. However, today is the first date of the argument. Hence, adjourned.
Mr. Vaibhav Maskare, N-ward, BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 31/01/2023 at 12.30 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv. Mukesh Dubey for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy is supplied to other side.
Adv. Mrs. Rawade for defendant/ BMC is present and has given say on draft Ch/S overleaf.
Heard both sides on draft Ch/S.
Following order is passed on draft Ch/S-
O R D E R
1.     The plaintiff taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. It is contended that The corporation has filed reply to N/M on 08/12/2022 in which there is reference of issuance of notice u/S 314 of MMC Act. The plaintiff is seeking permission to amend the plaint by incorporating contentions about the issuance of notice u/S 314 which is a subsequent event.
2.    Adv. for defendant/ corporation opposed Ch/S contending that the notice was issued on 24/01/2020 and it was filed by the defendant/ corporation along with reply to ad-interim filed by the corporation in March 2020. It is further stated that plaintiff is aware of notice and failed to take steps at the earliest and taking disadvantage of status que he is prolonging hearing of N/M. Hence, corporation prayed for rejection of Ch/S.

3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.     The plaintiff taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of the issuance of notice u/S 314 dated 24/01/2020. The corporation opposed Ch/S contending that plaintiff was having knowledge of said notice in March, 2020 when corporation filed reply to ad-interim relief. However, mere delay in taking Ch/S for amendment is no ground to reject Ch/S for amendment.  By the way of proposed amendment plaintiff is seeking permission to add prayer clause and thereby challenging notice u/S 314 of MMC Act.  The one of the object of amendment is to avoid the multiplicity of the proceedings. If the proposed amendment was rejected there would be the multiplicity proceedings. Therefore, considering facts of the case the proposed amendment appears to be just and necessary for the complete and effective adjudication of the parties and it will avoid the multiplicity of the proceedings.
5.     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 nature of the Suit is not likely to be changed as result of the amendment. In this case the Suit is at pretrial stage. The proposed amendment is just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.     Draft Ch/S is allowed in terms of prayer clauses (a) and (b).
2.     Plaintiff to carry out necessary amendment till next date.
3.     Copy of amended plaint be served upon other side.
4.     Draft Ch/S stands disposed of accordingly and be registered for statistical purpose.
Earlier order, if any, to continue till next date.
Adjd. to 07/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
K.B.
L.O.
Plaintiff No.2 present.
Mr. Vaibhav Dattatrey Maskare, Jr. Engineer, Maintenance Dept., N-ward, BMC is present.
Rest of the same appearance.
Plaintiff No.2 is directed to serve copy of amended plaint on next date.
Earlier order, if any, to continue till next date.
Adjd. to 28/02/2023 for compliance and N/M hrg.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: As Court is busy in N/M hearing and ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 11/04/2023 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv. Rajesh Sahani  for plaintiff is present and requested  time for argument. Time is granted as a last chance.
Adv. Ms. Mhatre for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 29.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Rajesh Sahani for plaintiff is present.
Adv. Ms. Mhatre for defendant / BMC is present.
Officer Mr. Vaibhav Maskare, Junior Engineer, N Ward, BMC, is present.
      Advocate for the plaintiff submitted that after notice dated 24.01.2020 plaintiff replied said notice along-with documents but till today corporation has not passed speaking order. BMC Officer - Mr. Vaibhav Maskare submitted that he has not received reply and documents. Advocate for plaintiff submitted that he will provide copy of reply and documents to officer.
KB
LO
Same appearance.
Advocate for plaintiff provided copy of reply and documents to BMC Officer - Mr.Vaibhav Maskare.
Earlier order, if any, to continue till next date.
Adjd. to 22.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Advocate Rajesh Sahane for plaintiff present.
Advocate Mhatre  for defendant/BMC present.
Shri. Vaibhav Maskare, JR Eng. N Ward, Maintenance dept. present and stated that scrutiny of the reply and document submitted by the plaintiff is under process and speaking order is yet not passed.  Adv for plaintiff submitted that the NM may be disposed of with direction to the Designated Officer not to take action till passing of speaking order and protection be granted for 15 days if speaking order is admissible.
Advocate for corporation submitted that she has no objection.
Hence, I passed following order
ORDER
1. Notice of Motion No. 345/2020 is disposed off.
2.The defendant/BMC shall not take action against Notice  structure for period of seven days from the date of communication of speaking order if it is adverse against the plaintiff.
Earlier order, if any, to continue till next date.
Adjd  to   29.08. 2023 for Written statement.
Nature Of Disposal: OTHER
Disposal Date: 22-06-2023

Main Case No: SUIT/0100186/2020
Main Cnr: MHCC010006102020
Main Filing No: 111447

Registration Number: 100345/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100964/2020
Filing Date: 21-01-2020
First Hearing Date: 21st January 2020
Decision Date: 22nd June 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE