Date: 14-06-2018
Business: Adv. Mr. Rohit Pandey h/f adv. Mr. Dubey for plaintiff present.
Adv. Ms. Kamble h/f adv. Ms. Tadavi for BMC present.
Advocate for plaintiff filed registered ch/sum 678/18.
Adjd to 12.7.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2018
Date: 12-07-2018
Business: Adv. Mr. V.T. Dubey for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adv. Tadavi for corporation submitted that their reply to N/m be treated as reply to Ch/s.
Adjd. to 19.07.2018 for N/m and Ch/s. Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2018
Date: 19-07-2018
Business: Adv. Mr. Rohan Pande for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
On oral request Adv. for plff.
Adjd. to 23.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Business: Plff and adv are absent.
Adv Vyavhare for BMC/deft present.
Adjd to 25/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Adv. V.T. Dubey for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no. / BMC present.
Matter adjd. to 15.11.18 for Chs Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: None from Plff.
Adv. Mrs. Vyavhare for Defendant/BMC present.
Adjd to 10-01-2019 for Ch/s reply and N/m hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: None present for plff.
Adv Mrs.Vyavhare for BMC/deft present.
On oral request of ld adv for BMC/deft, adjournment granted as a last chance.
Adjd to 22/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. V. T. Dubey for plaintiff is present.
Adv. Vyavahare for Deft/BMC is present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 04.04.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: None for Plff.
Adv. Mrs. Vyavhare for MCGM/deft present.
KB - LO at 4.30 p.m.
Adv. Mr. V.T. Dubey for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present and has given say on Ch/s.
Adjd to 20/6/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: None for plaintiff.
Adv. Mrs. Hajare h/f Adv. Khandagle for Deft./MCGM present.
Adjd to 24.07.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Dubey for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Court busy in hearing ad-interim arguments in St. no. 7973/19 to 7976/19 and other Civil matters.
Adjd to 28.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv.Ansari for plaintiff present.
Adv. Mrs. Hajare h/f adv.Khandagalefor MCGM/Deft. present.
Adjd to 18.03.2020 for ch/s/NM hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 03.07.2020 for N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. V. T. Dubey for plaintiff present.
Adv. Khandagle for deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted to argue the NM.
Matter adjd to 12/03/2021 for NM and Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Matter adjd to 03/05/2021 for NM and Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv N.K. Dubey h/f Adv V.T. Dubey for plaintiff present and submitted that his senior advocate V.T. Dubey is busy in another Court and requests for time.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.10 p.m.
Adv V.T. Dubey for plaintiff present and requests for time to argue to NM and Ch/s. Time is granted till next date.
Adjd. To 01/10/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B. L.O.
Adv. V.T. Dubey for Plaintiff present.
As Court is busy in Mediation, matter is adjd. till next date.
Matter is adjd to 17/01/2022 for NM and Ch/s. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
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.
Matter is adjd to 11/02/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
Matter is adjd to 23/03/2022 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv V.T. Dubey for plaintiff present and requests for time to argue NM. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 29/04/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 25/07/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None for plaintiff.
The roznama shows that since last two dates, none appeared for plaintiff. Hence, matter is adjourned for dismissal of NM and CS.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 15/10/2022 for NM and CS dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. V. T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned.
Adjd. to 07/11/2022 for N/M and Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. N. K. Dubey h/f Adv. V. T. Dubey for plaintiff present and requested time to argue on N/M and Ch/S on ground that senior advocate is held up in Dindoshi Court. However, matter is of year 2017. Hence, time is granted as a last chance.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 05/12/2022 for N/M and Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. V. T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Heard both sides on Ch/S No.678/2018.
Adjd. to 16/12/2022 for order on Ch/S No.678/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Vijayarani h/f Adv. V. T. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Due to paucity of time, matter is adjourned.
Adjd. to 18/01/2023 for order on Ch/S No.678/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Due to paucity of time, matter is adjourned.
Adjd. to 30/01/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Vijayarani for plaintiff present.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for Ch/S order.
L.O.
Same appearance.
Due to paucity of time matter, is adjourned till next date.
Adjd. to 17/02/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. V. T. Dueby for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Following order is passed Ch/S No.678/2018-
O R D E R
1. The plaintiff has taken out Ch/S under order 6, rule 17 of CPC for amendment in the plaint. It is contended that there were threats of demolition. Hence, hurriedly filed suit and at the time of filing the suit notice and speaking order was not traceable. Therefore, the plaintiff could not challenge the notice and order. After filing suit the plaintiff took search of notice and order and after getting it he has taken out Ch/S for permission to incorporate contentions in respect of notice and speaking order in the plaint.
2. Defendant/ corporation opposed Ch/S contending that the document which sought to be incorporated in the plaint and pleading are prior to filing suit. The plaintiff was very much aware about the order passed by the corporation but he has not challenged said notice and order. Therefore, Ch/S be rejected.
3. Heard Adv. for the parties. Perused record and proceedings.
4. It is the contention of the plaintiff that he has filed the suit notice and order not traceable. Hence, he could not challenge the notice and order. Due to the urgency he has filed the suit for injunction and could not incorporate contentions in the plaint. The corporation opposed Ch/S on ground of delay. However, delay is no ground to reject the application for amendment. The proposed amendment appears to be just and necessary for complete and effective adjudication of dispute. There is no likely to change the nature of the suit and no any prejudice would cause to the other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/S No.678/2018 is allowed in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendment till next date.
3. Copy of amended plaint be served upon other side.
4. Ch/S No.678/2018 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 17-02-2023
