Date: 23-04-2019
Business: Adjd
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Adv. Desai for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No.8 present
Adv for the Plaintiff seeks adjournment. Granted.
Matter is adjd. to 24.07.2019 for Ch/s hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv.Desai for the Plaintiff present and filed original Ch/s no. 798/19 alongwith affidavit in support. TOR.
Adv.Ulhas Naik for Defendant present.
Adv. Suryawashi for Defendant. no. 8 /BMC preset.
Affidavit of service tendered by Plaintiff. TOR.
Matter is adjd. to 24.09.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: As the Court is busy in dictating Judgment, orders and other matters on board, hence, board is discharged.
Matter is adjd. to 5.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: The court is on Leave
Next Purpose: C/S HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: None present for plaintiff.
Adv.Ms.Chandramore for BMC/deft/No.8 Present.
Matter adj for Ch/s hearing to 22.01.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: None present for Plaintiff.
Adv. Chandramore for defendant no. 8 is present.
Matter is adjd. for Ch/s hearing/dismissal to 09/04/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: C/S HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. R. Desai for the plaintiff.
None for defendants.
On oral request of the ld. advocate for the plaintiff, last chance is granted for Ch/s hearing.
Matter is adjd. to 01/04/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 29/06/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: due to covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: due to covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Ms. Desai for the plaintiff present.
None for defendants.
Rejoinder filed by advocate for the plaintiff. It is t.o.r.
Matter is adjd. to 24/09/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Ruchita Desai for plaintiff present and stated that on next date she will argue on both ch/s.
Adv.Kudalkar for defendant No.9 present.
Matter is adjd. to 22.10.2021 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Ruchita Desai for plaintiff present.
Adv. Chandramore for defendant/BMC present.
None for other defendants.
Heard argument on Ch/s No.798/20109.
Matter is adjd. to 13/12/2021 for issues/ Ch/s No.075/2018 hearing/Ch/s No.798/2019 order.
Next Purpose: C/S HEARING
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv Mr.Gada present for the plaintiff.
Adv Chandramore present for the corporation.
Matter is adjd. to 03.01.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: C/S HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Ruchita Desai for plaintiff present
Adv. Chandramore for BMC present.
Adv. Kudalkar for defendant no. 9 present.
None present for remaining defendants.
Matter is adjd. to 18-04-2022 for Ch/s argument.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Gada for plaintiff present.
Adv. Chadramore for defendant present.
Adv. Kudalkar for defendant no.9 present
Heard Ld. Adv. for plaintiff partly. It is pointed out during the argument that Ch/s schedule clause V needs to be corrected. He seeks time to take appropriate steps for the same.
Matter is adjd. to 25-04-2022.
Next Purpose: C/S HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Rujuta Desai for plaintiff present and submits that the schedule as it stands is correct and she will file pursis to that effect on next date.
Matter is adjd. to 09-06-2022.
Next Purpose: C/S HEARING
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Rujuta Desai for plaintiff present and file pursis as per the direction as suit schedule is correct and she does not desired to change the schedule.
Matter is adjd. to 19-07-2022 for Ch/s 2075/18,798/19 hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Gada for plaintiff present.
Adv.Chandramore for defendant/BMC present.
Adv. Kapse h/f Adv. Kudalkar for defendant no. 9 present.
As court is busy in dictating order in ch/s. no. 1618/21, 305/21, MA 22/20 and MA 46/21.
Matter is adjd. to 26.08.2022 for c/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Rutuja Desai for plaintiff present.
Adv. Chandramore for defendant no.8/BMC present.
None present for remaining defts.
Matter is adjd. to 04.10.2022 for ch/s No. 2075/18 hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Nikita Desai for plaintiff present and submitted that counsel is engaged in Hon\''ble High Court and seeking time for ch/s hearing.
Perusing record, it appears that the matter is pending for hearing since long. Therefore, plaintiff is directed to remain present for hearing on next date.
None present for defendant.
Matter is adjd. to 15.10.2022 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Gada for plaintiff present and submitted that he is going to file written argument on next date.
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for defendant no. 5 present.
Matter is adjd. to 19.11.2022 for ch/s hearing.
LO at 3.31 pm.
Adv. Shrinivas Singh for Deft.no. 14 present and filed VP. TOR. It is marked as Exh.4
Matter is already adjd. to 19.11.2022 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv.Sonal Awasthi a/w Adv. Desai for plaintiff present.
Adv.Shriniwas Singh for defendant no.16 is present and submitted that the copy of ch/s is not available with him and he is requested to adjourn the matter till next date for hearing. O-Time is granted.
Matter is adjd. to 09.12 2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Mrs. Ruchita Desai for plaintiff present.
None present for Defendants.
Advocate for Plaintiff is seeking time for ch/s hearing. Time granted.
Matter is adjd. to 25.01.2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
Matter is adjourned to 23.02.2023 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Sarthak Solaskar I/b Vinod Mistry and Co. for plaintiff present.
Adv. Chandramore for defendant Nos.7 and 8/BMC present.
Adv. Vijaykumar Kamble for Defendant No.6 present and seeking time as his senior advocate is engaged in High Court. Time granted.
Matter is adjourned to 29.03.2023 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Mrs. Avasthi for plaintiff present.
Adv. Richa Singh for defendant No.16 present.
Adv. Khandagale for Defendant/BMC present.
As Court is busy in Supreme Court Time Bound Matter i.e. 1404/2017. Hence, Matter is adjourned to 04.05.2023 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv. Sonal Awasthi I/b M/s Vinod Mistry and Co. for plaintiff present.
Adv. Chandramore for defendant/BMC present.
As Court is busy in Dictating Judgments in Suit No. 595/22 and Order on NM No. 264/21 in Suit No. 2644/19. Hence, Matter is adjourned to 23.06.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Sarthak Solaskar I/b Vinod Mistry and Co. for the plaintiff is present.
Adv. Mr. Vijaykumar Kamble for defendant no.16 is present.
Advocate for defendant no.16 seeks time for hearing on Chamber Summons. Ld. advocate for plaintiff objected to the same. Last chance is granted.
Adjourned for ch/s hearing to 07.07.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv. Mr. Toraskar for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. Ms. Vaibhavi Parab h/f Adv. Kudalkar for defendant No.9/State is present.
Adv. Mr. S.C.Singh for defendant No. 16 is present.
Heard arguments of ld. advocate for the plaintiff and ld. advocate for defendant No. 16 on Ch/s No. 2075/2018.
Matter is adjourned to 21.07.2023 for Ch/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv.Mrs. Adv. Ms. Chandramore for defendant/BMC is present.
As Court is busy in hearing arguments on ad-interim relief in Suit No.1705/2023. Hence, board is discharged and matter is adjd. to 27.07.2023 for Ch/s. orders.
LO at 05:00 pm.
Adv. Mr. Solaskar for the plaintiff is present and filed the application for correction of typographical error in Ch/s No. 798/2019. TOR. It is marked at Exh. 06.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. Mr. Solaskar for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.8/BMC is present.
Adv. Ms. Shaikh h/f Adv. Kudalkar for defendant No. 9/State is present.
KB LO at 04:00 pm.
The following Order is passed on exhibit No. 06:
Plaintiff has filed present application for correction of typographical error in Ch/s No. 798/2019. It is contention of the plaintiff that there is a typographical error in schedule of the chamber summons which he desires to correct. Perused the application as well as chamber summons. The correction sought, being technical, needs to be allowed. Hence, I proceed to pass following Order:
ORDER
1. Application (Exhibit 06) is allowed.
2. Plaintiff to carry out correction in the chamber summons No. 798/2019.
3. Application (Exhibit 06) stands disposed off.
The following Order is passed on Ch/s NO. 2075/2018:
Plaintiff has taken out present chamber summons seeking amendment in the plaint. It is contention of the plaintiff that plaintiff has filed suit for declaration and specific performance of the suit agreement dtd. 23.01.1987 along-with other reliefs. The suit is at the stage of framing of issues and trial has not begun in the suit. It is submitted that prayer for damages, in the alternative was not sought for at the time of filing of the suit due to inadvertence and oversight. Hence, plaintiff prayed for allowing him to carry out necessary amendment regarding the same.
Defendant No. 16 has filed reply to chamber summons and opposed the chamber summons by submitting that prayer for damages could have been added at the time of filing of suit itself. The amendment sought for indeed alter the nature of the case and the amendment is not at all necessary to determine the real issues between the parties. Hence, prayed for rejection of chamber summons. Plaintiff has also filed affidavit in rejoinder.
Heard both the sides. It appears that plaintiff has filed suit for declaration and specific performance. Now, by way of proposed amendment plaintiff is seeking to add prayer for damages in the alternative, which was not sought for at the time of filing of suit and for consequential amendment in the plaint. In view of provisions of Specific Relief Act the prayer of compensation can be added at any stage of the suit in suit for specific performance. Therefore, I hold that chamber summons deserves to be allowed. In the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 2075/2018 is made absolute.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 2075/2018 stands disposed off.
The following Order is passed on Ch/s No. 798/2019:
Plaintiff has taken out this chamber summons for seeking amendment in the plaint as per schedule annexed to chamber summons. It is contention of the plaintiff that advocate appearing for defendant Nos. 5 and 6 appeared and informed the Court that defendant No. 5 has expired on 14.11.2018 and the spelling in the name of defendant No. 6 is “Aoudry” instead of “Andrew”. Thereafter, by email dtd. 20.02.2019 advocate for defendant confirmed to the advocate of plaintiff that defendant No. 5 is expired and also informed that defendant No. 6 along-with defendant No. 3(a) to 3(g) are the legal-heirs of deceased defendant No. 5. Hence, plaintiff is seeking necessary amendment to delete name of deceased defendant No. 5 and to correct the name of defendant No. 6 in the plaint. No reply has been filed by defendants. Considering the submissions it would be just and proper to allow chamber summons. In the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 798/2019 is made absolute.
2. Plaintiff is permitted to amend the plaint as prayed.
3. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
4. Chamber Summons No. 798/2019 stands disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 27-07-2023
