Date: 13-08-2019
Business: Plaintiff in person present and tendered registered Ch/s no. 1443/19 with affidavit.
Adv. Arun Mehta for def. no. 3 and 4 present and tendered registered NM No. 3054/19 with affidavit. He also filed reply to NM. Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant 1 to 2 present.
Earlier order, if any, to continue till next date.
Adjd to 22.08.2019 for NM/Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: (Incharge Court of C.R.No.8)
Mr. Jaydeep Thakkar, Plaintiff in person present.
Adv. Mrs. Hajare for Defendant No. 1 and 2/MCGM present.
Adv. Ms. Sonika Mehta for Defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 26.09.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adjd to 07.11.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv.Namita Shirke for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft no.1 and 2/MCGM present.
Adv. Arun Mehta for defendant no.3 and 4 present.
k.b
Later on.
Adv.Patankar for plaintiff present.
Adv. Mrs. D.D. Patil for Deft no.2 and 3 /MCGM present.
Earlier order, if any, to continue till next date.
Matter is adj to 22/11/19 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Ms. Namita Shirke for plff present.
Adv. Ms. Patil for MCGM/Defendant nos. 1 and2 present.
Adv. Mr. Arun Mehta for deft nos. 3 and 4 present.
K.B.
LO.
Adv. Mr. Som Sinha with adv. Ms. Patil for deft nos.1 and 2/ MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 03.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Ms. Namita Shirke for plaintiff present
Adv. Mr. Soham Sinha with Adv. Ms. Patil for MCGM/Defendant no. 1 to 3 present.
Adv. Arun Mehta for defendants no. 4 and 5 present
Earlier order, if any, to continue till next date.
Adjd to 10.12.2019 for N/m hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. S. P. Shriwastav with Adv. Nameeta Shirke h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. D.D. Patil with Adv. Som Sinha for Defts no. 1and 2/MCGM present.
Adv. Arun Mehta for Defendant no. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 18-12-2019 for N/M hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: None for plaintiff.
Adv. D.D. Patil for defendant Nos.1 to 2/MCGM present.
None for defendant No. 3 and 4.
KB
L.O. at 12.05pm.
Adv.Mr.Som Sinha a/w Adv.Mrs.Patil for Defendant Nos.1 and 2/MCGM present.
Adv. Arun Mehta for defendant No.3 and 4 present.
Plaintiff in person present.
Adv.Mooman h/f adv. Mr.S.P.Srivastav for plaintiff present.
Partly heard Ld. Adv. for Defendant No.1 and 2/MCGM.
Earlier order, if any, to continue till next date.
Adjd to 02.01.2020 for further arguments.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: None for Plff.
Adv. Mrs. Hazare h/f Adv. Mrs. Patil for Deft Nos.1 and 2/ MCGM present.
Adv. Mr. Arun Mehta for Deft Nos.3 and 4 present.
Kept back -
Later on at 2.45 p.m.
Adv. Namita Shirke for Plff present.
Adv. Mr. Som Sinha with Adv. Hazare for the Deft Nos.1 and 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 14/1/2020 for N/M hearing P/H.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv.Namita Shirke for plaintiff present
Adv. Patil a/w Adv.Som Sinha deftf. 1 and 2 present.
Adv. Arun Meta for Defendant No 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 05.02.2020 at 12.00pm for NM hearing .
Next Purpose: HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Hemlata for plaintiff present.
Adv. Som Sinha for defendant No. 1 and 2 present.
Adv. Arun Mehta for defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to 13.02.2020 at 12.00noon for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Patankar h/f adv.Murthy for plaintiff present.
Adv. Som Sinha for defendant No.1 and 2 present.
Adv. Arun Mehta for defendant No. 4 and 5 present.
As court is busy in dectating SC Case No.62/2020 judgment matter, Hence matter is adjourned.
Earlier order, if any, to continue till next date.
Matter adjd to 06.03.2020 at 12.00 am for NM hrg/ reply to ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv.Kadam for plaintiff present.
Adv. Som Sinha for Defendant No.1 and 2 MCGM.
Adv.Arun Mehta for Defendant No.3 and 4 present.
As Court is busy in dictating judgment in Sessions Case No.85/20 and 366/19. Matter is adjourned.
Earlier order, if any, to continue till next date.
Matter adjd to 20.04.2020 at 11.30 a.m. for NM hearing of consent of both sides.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
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: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None for Plaintiff.
None for Defendant.
Matter adjd to 10/11/2020 for N/m hearing.
L.O. 3.15 p.m.
Plaintiff in person present.
Earlier order, if any, to continue till next date.
Matter already adjd to 10/11/2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Earlier order, if any, to continue till next date.
Matter adjd to 12/01/2021 for NM Hearing and Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 04/02/2021 for Hearing of NM No.3055/19 and Reply to draft Ch/s by defts no. 1 to 4 and Reply to Ch/s No.1443/19 by deft no.1 and 2/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 20/02/2021 for filing Reply to ch/s no. 1443/19 and draft Ch/s by deft no.1 and 2/MCGM and NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv. Ms. Shirke for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present and submits that MCGM Counsel Mr. Som Sinha is not feeling well. Hence requests for time to file reply to Ch/s no.1443/19 and draft Ch/s filed by plaintiff.
Adv. Arun Mehta for deft no.3 and 4 present
Plaintiff is directed to register the Ch/s and tender the same on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 18/03/2021 for filing Reply to ch/s no. 1443/19 and draft Ch/s by deft no.1 and 2/MCGM and NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Plaintiff in person present and tendered original registered Ch/s No.251/2021 along-with affidavit in support. TOR.
He also tendered common argument in both Ch/s No.1443/19 and 251/2021, TOR and marked at Exh.5. Copy is served to other side.
Adv. Mr. Som Sinha with Ms. Smita Chavan for deft no.1 and 2/ MCGM present and has given say on Ch/s No.1443/19 and 251/2021 and tendered common arguments on both Ch/s, TOR and marked at Exh.6.
Adv. Arun Mehta for deft no.3 and 4 present.
Heard both sides on Ch/s Nos.1443/19 and 251/2021 at length.
Earlier order, if any, to continue till next date.
Matter adjd to 30/03/2021 for Order on Ch/s Nos.1443/19 and 251/2021/NM Hearing .
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 06/04/2021 for Order on Ch/s Nos. 251/2021 and 1443/2019 / N.M. hrg.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Plaintiff in person present.
Adv. Mrs. Smita Chavan for deft no. 1 and 2/MCGM present.
Adv. Sonika Mehta h/f. Adv. Arun Mehta for deft.no. 3 and 4 present.
Order on Ch/s Nos.1443/19 and 251/2021
This is Suit for challenging notice u/s 354 of MMC Act, against demolition of Amrut Kunj, Anjariawadi Ghatkopar East, Mumbai-77. It is also prayed to quash letter dt.08.02.2019 and notice dt. 08.02.2019.
This is Chamber Summons filed by the plaintiff for inserting subsequent events in the body of the plaint in respect of the TAC report and this activities in related to TAC report. The plaintiff have filed the suit to challenge the notice u/s.354 of the MMC Act and TAC report. After granting ad-interim in favour of the plaintiff the liberty was given to the defendants to refer matter to TAC a fresh for taking decision on the status of building as per guildline issued by Hon\''ble High Court. He made certain correspondence regarding the TAC to the deft/Corporation. He has handed over all the documents and correspondence to his earlier advocate who did not give the reference of the said correspondence in the plaint and therefore Ch/s No.254/2020 was filed. The correspondence regarding the structure repairing was also made on 26.11.2018. The report dt. 25.7.217 issued by Dr. K. M. Bhajoriya challenged by the plaintiff. The TAC report dt. 29.01.2019 is without considering various aspects and without carrying out essential test and the TAC themselves have not carried out the test in thir presence in view of conflict report. On 23.10.2019 all the objections send through letter in the office of the Chairman, TAC and ward office N Ward. The report of tenants structural auditor namely CSR Consultant and Associates dt. 13.07.2019 which classifies suit building as “C2A”.
On 13.07.2019 tenants have submitted letter dt.13.11.2019 to Deputy Municipal Commissioner with willingness to carry out necessary repairs in the building under the supervision of registered structural engineer. Accordingly on 26.11.2019 letter sent to Deputy Chief Engineer (BP) ES, Vikhroli. The TAC order dt. 11.07.2020 is without following guideline by Hon\''ble High Court. The TAC report dt. 10.06.2020 is illegal.
On the other side deft no.1 & 2 i.e deft/Corporation strongly opposed the present Ch/s. On the grounds of sole intension of delaying the present proceeding at the instance of plaintiff. Deft no.3 & 4 submitted that in the Ch/s by way of amendment are allowed, whole cause of action of the Suit will change and therefore, the reliefs prayed in the Ch/s to joint TAC as a party and challenging its report by amendment cannot be granted.
Heard both sides.
Perused Chamber Summons / reply by all defendants and rejoinder. The plaintiff wants to incorporate the serious laps on the part of technical Advisor Committee which is appointed in view of the guildline issued by Hon\''ble High Court in WP 1135/14. The allegations regarding non carrying required mandatory test while doing inspection by TAC at the place of the Suit premises, are serious to the point of view in relation of guildline issued by our Hon\''ble High Court. The schedule to the Ch/s nowhere transpires that if the amendment is allowed it would change character and nature of suit. I would like to place reliance on “2003 (1) MHLJ 233, Krishnaji Shankar Moghe Vs. Sitaram Gangadhar Shende, dated- 06th June, 2002 as follows :-
“It is well settled that a party to the Civil Proceedings if desirous of taking advantage of the events which have occurred subsequent to the filing of the proceedings, then the party is not forbidden from doing so, provided that the party has to bring on record those facts by way of amendment of the pleadings and thereafter establish the same by leading necessary evidence in support of such pleadings. But, in the absence of such facts being incorporated in the pleading, the party cannot derive any benefit from such facts nor any evidence in that regard can be produced on record or looked into. This position in law is well settled in view of the decision by the Apex Court in Om Prakash Gupta V. Rambir B. Goyal reported in 2002 AIR SCW 278. It has been held that the party relying on the subsequent event, which consists of facts beyond pale of controversy either as to their existence or in their impact, is expected to have resort to amendment of pleadings under Order 6, rule 17 of the Civil Procedure Code.”
Thus, the party has to bring on record the facts regarding the subsequent events by way of amendment of the pleadings and party has to establish their evidence accordingly. Where, the defendant would get right opportunity to lead evidence and object plaintiffs evidence on merit. Therefore, there is no question of diligency at the instance of plaintiff. There are certain subsequent events needs to be incorporated in the body of plaint to decide controversial issues on merit. The party did not raise the relevant facts before the commencement of the trail. The purpose of Order 6, Rule 17 of Code of Civil Procedure, 1908 is to promote ends of justice and not to defeat the law. Hence, I am inclined to pass following order :
ORDER
1. Chamber summons Nos. 1444 of 2019 and 251/2021 are
partly allowed and made absolute in terms of prayer clause
(a) only.
2. The Plaintiffs are directed to carry out amendment in plaint as per schedule annexed to chamber summons within two weeks.
3. Plaintiff shall provide the copy of amended plaint to the defendants.
4. Chamber summons Nos.1444 of 2019 and 251/2021 are
disposed off accordingly.
Earlier order, if any, to continue till next date.
Matter adjd to 08/06/2021 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: (Matter pertains to C.R.No.8)
Adv. Anita Sarfare h/f. Plaintiff in person is present.
Adv. Ms. Divya Vishwanath h/f. Adv. Mr. Som Sinha for Defendant Nos. 1 and 2/MCGM is present.
Adv. Ms. Priyansha Pawar h/f. Adv. Mr. Arun Mehta for Defendant Nos. 3 and 4 is present.
Adv. For Plaintiff tendered application for extension of time to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1443/2019. The said application is t.o.r. and marked as Exh.7.
Heard both sides on Exh.7.
Order on Exh. 7.
Two week\''s time is granted to the Plaintiff to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1444/2019, 254/2020 and 87/2021.
Earlier order, if any, to continue till next date.
Matter is adjd to 29/06/2021 for compliance/ NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv. Negi for Plaintiff is present.
Counsel Adv. Som Sinha along with Adv. Mrs. Smita Chavan for Defendant No. 1 and 2/MCGM is present.
Adv. Ms. Pawar for Defendant No. 3 and 4 is present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 06/07/2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: CORAM H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
None present for plaintiff.
None for defendant No.1 and 2/MCGM.
Adv. Arun Mehta for defendant no. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 07/09/2021 for Ad-interim Hearing.
In-charge Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Namita Shirke for plaintiff present.
Adv Som Singh with Adv Smita Chavan for defendant nos.1 and 2 / MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Namita Shirke for plaintiff present and has given say on NM NO.3055/2019 itself.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Heard both sides on NM NO.3055/19.
Earlier order, if any, to continue till next date.
Adjd. To 30/09/2021 for order on NM NO.3055/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Allowed.
Nature Of Disposal: ALLOWED
Disposal Date: 30-09-2021