Date: 09-03-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff, Adv.Chandramore for BMC are present.
Adv. Bhushan tender registered NM no. 471/2018 for amendment.
Adv. Chandramore seeks time to file reply.
Adjd. for reply of BMC to 20.04.2018
Next Purpose: REPLY
Next Hearing Date: 20-04-2018
Date: 20-04-2018
Business: Resumed.
The P.O. is busy in recording evidence in Suit No. 7115/2001 and 4344/2003 and judgment of suit no. 5490/2004. For want of time the board is discharged.
Adjd. for Ch/s reply to 15.06.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2018
Date: 15-06-2018
Business: Resumed.
The P.O. is on leave, hence board is discharged.
Adjd for Ch/s reply to 11.07.2018
Next Purpose: C/S REPLY
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: The P.O. is busy in hearing of NM No.1891/2011 in Suit No. 1746/2011 and orders on NM No. 423/2017 and 422/2017 in Suit No.1400/2008 and 1396/2008 respectively. For want of time the board is discharged.
Adjd for Ch/s reply to 24.08.2018
Next Purpose: C/S REPLY
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff and Adv. Patil for MCGM are present.
Adv. Patil seeks time to file reply to Ch.s
Adjd for CH/s reply to 26.09.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: The P.O. is on leave.
Adv. Pradeep Gandhy for plaintiff
Adjd for Ch/S reply to 02.11.2018
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff and Adv. Ms. Patil for MCGM are present.
Adv. Patil seeks time to file reply to Ch/s. Granted as last chance.
Adjd for Ch/s reply and arguments to 12.11.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 12-11-2018
Date: 02-11-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff and Adv. Ms. Patil for MCGM are present.
Adv. Patil seeks time to file reply to Ch/s. Granted as last chance.
Adjd for Ch/s reply and arguments to 12.11.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff is present.
Adv. Ms. Patil for MCGM seeks time to file reply to Ch/s. Granted as last chance.
Earlier order if any to continue till the next date.
Adjd for Ch/s reply /orders to 09.01.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Resumed.
Adv. P.D. Gandhi for plaintiff and Adv. Ms. Patil for MCGM are present.
Heard, respective advocates on Ch/s no. 471/2018. The ld. Adv for the plaintiff submits that the plaintiff wishes to bring on record subsequent event which the plaintiff transpired from the reply given by the defendant to NM. According to him the plaintiff applied for the copy of related GR about the ring road under R.T.I., however, the same was not supplied by the defendant. The ld. Adv. For defendant strongly objected to grant the amendment by contending that the plaintiff is trying to the delay the hearing of the suit. According to her the application under RTI was properly answered.
It appears from record that the issues are framed on 19.12.2015. The suit is pending for recording of evidence. The Ch/s was tendered on 21.02.2018. There is no explanation about delay. The ld. Adv. For plaintiff submits that it is a matter of Co- op HSG society and there would be delay in taking out Ch/s. It appears from the record that on 05.05.2015 the defendant informed the plaintiff that certain information is not available.
Considering the submissions and the nature of proposed amendment., it appears that the same is necessary for proper determination of the suit. The delay if any can be condoned. The prejudice if any cost to the defendant can be compensated in terms of costs, thus the following order is passed -
ORDER
1. The Chamber Summons No. 471/2018 is made absolute in terms of prayer clause(a) subject to payment of costs Rs. 2500/- to the defendant.
2. The plaintiff to comply with the order within a period of two weeks by depositing costs and supplying copies to the defendant.
Adjd for compliance to 23.01.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 09-01-2019
