Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
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: CHAMBER SUMMONS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjd to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Plaintiff is directed to tender original Ch/s No. 391/2020 on next date.
Matter adjd to 03/02/2021 for Service and Reply to Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Mehul Thakkar for plaintiff present and tendered original registered Ch/s No. 391/2020 alongwith affidavit in support. TOR.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to Ch/s. Time is granted till next date.
Matter adjd to 10/03/2021 for Ch/s Reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv Miss Jayashree RajeMahadik h/f Adv Mehul Thakkar for plaintiff present.
Adv Tondwalkar for defendant / MCGM present and requests for time to file reply to Ch/s No.391/2020. Time is granted to file ch/s reply till next date.
Adjd. To 27/09/2021 for ch/s reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv Satina Lokhandwala for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and filed reply to the Ch/s.
Adjd. To 15/11/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Archana Jha h/f. Adv. Mehul Thakkar for Plaintiff present and seeks time to argue on Ch/s. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is adjd to 10/01/2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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.
Adjd. to 07/03/2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: HHJ is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: H.H.J. is on leave today.
Next Purpose: C/S HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Kirti Purohit for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
K.B. for Ch/S hrg.
L.O. at 04.35 p.m.
Adv. Mehul Thakkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Heard both sides on Ch/S No. 391/2020.
Adjd. to 06/08/2022 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None for plaintiff.
Adv. Mrs. Smita Chavan for defendant/ BMC is present.
As Court is busy in dictating orders in N/M, Ch/S and hearing on ad-interim in other matters, this matter is adjourned till next date.
Adjd. to 08/08/2022 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 10/08/2022 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Sunita Dubey h/f Adv. B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed on Ch/S No. 391/2020-
O R D E R
1. Applicant has taken out Ch/S for bringing on record LRs of deceased plaintiff.
2. It is contended that the original plaintiff expired on 10/09/2018 leaving behind him applicant as a LRs. The applicants were not aware about the pendency of suit and they learned from one of the member society about the pendency of the suit. Thereafter, they tried contact their father\''s advocate but advocate was not responding. Then they immediately searched online and came to know that suit is pending. Hence, there is a delay in bring record LRs.
3. Defendant/corporation submitted to pass necessary order.
4. Heard advocate for the parties and perused photocopy of the death certificate of the original plaintiff. There is a delay in bringing on record LRs. It is contended that the applicants were not aware about the pendency of the suit. Hence, there is delay in bringing on record LRs. The suit has been filed to challenge the notice issued u/S 354(a) of the MMC Act in respect of suit structure. The right to sue survives upon LRs of the deceased plaintiff. The reason given by the applicants affixed to be just and satisfactory. Refusing to condone delay can result in a meritorious matter being thrown out and cause of justice being repeated. In the circumstances, application for bringing on record LRs of the deceased plaintiff and setting aside abatement deserves to be allowed. Hence, I passed following order-
O R D E R
1. Ch/S No. 391/2020 in terms of prayer clause (a) to (e) is allowed.
2. The applicant to carry out necessary amendment in the clause title of the plaint.
3. The applicant to provide copy of amended plaint to other side.
Nature Of Disposal: ALLOWED
Disposal Date: 10-08-2022
