Date: 25-03-2019
Business: Adv. Ms. Namita Shirke for Plff present and tendered registered Ch/s No.538/19 alongwith affidavit.
Adv. Mrs. Bhoir for MCGM/Deft No.1 and 2 present.
None for Deft No.4 and 5.
Adv. Ms. Sonawane for Deft No.3 present.
Ld. Adv. for Plff orally requests for adjournment as her senior is hospitalized for last two weeks. Hence, adjourned.
Earlier order, if any, to continue till next date.
Adjd to 15/4/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Mr. Thakkar for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. No.1 and 5 present.
None for Defts No.3 to 5.
Ld. Adv. for Plff orally submits that Adv. on record passed away on 11/4/2019. Hence, adjourned.
Earlier order, if any, to continue till next date.
Adjd to 7/6/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Plaintiff present. His advocate is absent.
Adv. Ms. Patil for Def. MCGM present.
None for def. 3 to 5.
L.O. at 3.30 p.m.
Adv. Namita Shirke h/f Adv. Jaydeep Thakkar for plaintiff present and filed vakalatnama.
On oral request of ld adv for plff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 25.06.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Mr. Ravi Sampat partner of plaintiff present. His advocate is absent.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
None for def. no. 3 to 5.
kept back.
l.o. at 4.30 p.m. Adv. Jaydeep Thakkar for plaintiff present.
Heard, arguments of both sides on Ch/s No. 145/12 and 538/19.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2019 for Ch/s orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Jaydeep Thakkar for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Order on Ch/s No. 145/2012
By instant Ch/s the plaintiff wants to amend the plaint to add legal provisions, effect of such provisions on the facts of this case and observations of Hon\\\''ble Appex Court and Hon\\\''ble High Courts in the matters which according to plaintiff are applicable to the facts of this case. Order VI Rule 2 of the Code of Civil Procedure, 1908 provides that every pleading shall contain, and contain only, a statement in concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be. This provision does not permit the plaintiff to state law or conclusion of law to be drawn from the facts mentioned in the plaint. It is unnecessary to state in the plaint the principles of law or to set forth the contents of a public statute. After careful reading of the schedule along with affidavit, there are no new material or relevant facts mentioned therein. Therefore, Ch/s deserves to be rejected. Hence Ch/s is rejected.
Order on Ch/s No. 538/2019
By instant Ch/s the plaintiff wants to amend the plaint to add subsequent events, legal provisions, effect of such provisions on the facts of this case and observations of Hon\\\''ble Appex Court and Hon\\\''ble High Courts in the matters which according to plaintiff are applicable to the facts of this case. Order VI Rule 2 of the Code of Civil Procedure 1908, provides that every pleading shall contain, and contain only, a statement in concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be. This provision does not permit the plaintiff to state law or conclusion of law to be drawn from the facts mentioned in the plaint. It is unnecessary to state in the plaint the principles of law or to set forth the contents of a public statute.
After careful reading of the schedule along with affidavit, there are some new material or relevant facts are mentioned in paragraph no. I) 50A) and 50B) and those facts can be added by way of amendment. Therefore, Ch/s is partly allowed and plaintiff is permitted to amend the plaint by adding paragraphs no. I) 50A) and 50B) of the schedule - (Exh. A) along with Ch/s only. The plaint be amended accordingly and copy be supplied to the other side on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 12.07.2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 27-06-2019