Ashokkumar Prataprai Doshi +2 moreVsMCGM +1 more

Date: 26-07-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: As court is busy in dictating Judgments and orders in other matters, hence board is discharged.
Adjd to 18/09/2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Mr. P.N. Shah for Plff.
Adv. Mr. A.M. Khandekar for Deft. 4 to 6 present and tender reply to Ch/s and Copy served to other sides.
Adv. Mrs. Kamble for Deft no. / BMC
Adjd to 03-01-2019  for reply of BMC
Next Purpose: REPLY
Next Hearing Date: 03-01-2019

Date: 03-01-2019
Business: Court is on half day leave in Second Session, hence Board is discharged.
Adjd. to 24/01/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: None for plff.
Adv Mhatre for BMC/deft. no.1 and 2 present.
Deft no.4 is present.
Defts no.3, 5 and 6 are absent.
Adjd to 8/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: Adv Dilip Gala for plff present.
Adv Mrs.Mhatre for BMC/deft nos.1 and 2 present.
Adv Khandekar for defts no.3 to 6 present.
Adjd to 28/02/2019 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Court is on leave today, hence, Board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Adv. Mr. Anil Gala for Plff present.
Adv. Mrs. Mhatre for MCGM/Deft. No.1 and 2 present.
None present for Deft No.3.
Adv. Mr. Khandekar for Deft No.4 to 6 present.
Reply to Ch/s No.1268/18 filed by Deft No.1 and 7/MCGM.
Copy received by other side.
Adjd to 19/3/2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Adv. Mr. Neel Gala for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. No.1 and 2 present.
None for Deft No.3.
Adv. Mr. Khandekar for Defts No.4 to 6  present.
Court busy in arguments on ad-interim in Suit No.747/19.  Hence, adjourned.
Adjd to 11/6/2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Jinna Shah for plaintiff present.
Adv. Ms. Hajare for MCGM/Def. 1 and 2 present.
None for def. Nos. 3 to 6.
KB
L.O. at 4.15 p.m. Adv. Neela Gala for plaintiff present.
On oral request of ld adv for plff, adjournment granted as a last chance.
None for def. Nos. 3 to 6.
Adjd to 06.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adv. Neel Gala for plaintiff present.
Adv. Hajare for defendant No. 1 and 2/MCGM present.
None for defendant No. 3 to 6.
On oral request of advocate for plaintiff, adjournment granted.
Adjd to 10/10/2019 for Ch/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Neel Gala for plaintiff present and on his oral request, adjd.
Adv. Ms. Hajare for D/1 to 3 - MCGM present.
None for D/4 to 7.
Adjd. for Settlement to 19/3/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Business: Adjd to.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: H.H.J. is nominated as online mediation trainer for Haryana, hence today''s board is discharged.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Neel Gala for plaintiff present and states that settlement is going on between the parties in the matter, hence requests for time. Time is granted till next date.
Adv. Mrs. Chavan h/f. Adv. Mrs. Hajare for deft No. 1 to 3/MCGM present.
None for Defendant Nos. 4 to 7.
Matter adjd to 10/06/2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Due to Covid-19.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant nos.1 to 3 / MCGM present.
None for defendant nos.4 to 7.
K.B.
L.O. at 11.50 a.m.
Matter is kept in National Lok-Adalat which will be held on 25/09/2021 at 10.00 a.m.
Issue notice to the plaintiffs and their advocate to remain present before National Lok-Adalat on 25/09/2021 at 10.00 a.m.
Adjd. To 25/09/2021 for National Lok-Adalat.
Next Purpose: HEARING
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Matter pertaining to C.R. No.8
Plaintiff No. 13 in person present and their advocate are absent.
Adv.  Smita Chavan for BMC present.
Advocate A. M. Khadekar for Defendant No. 4, 5 & 6 present.
Office Akash Bhalerao for BMC present
Matter could not be settled and sent back to regular court.
Matter is adjourned to   26.10.2021
Next Purpose: HEARING
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Mr. P.M. Shah for Plaintiff present.
None for Defendant no.1 and 2/MCGM.
None for defendant nos. 3 to 6.
Advocate for Plaintiff submitted that there is possibility of settlement. Therefore, matter adjd. for settlement.
Matter is adjd to 21/12/2021  for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Tushar Nagvekar for Plaintiff present and seeks time to argue on CS. Time is granted till next date.
None for Defendant No.1 and 2/MCGM, T/Ward.
None for Defendant No.3.
Adv. Khandekar for Defendant Nos. 4,5 and 6 present.
Matter is adjd to 08/02/2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
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 17/03/2022 to Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Neel Gala for Plaintiff present.
Adv. Rawade h.f. Adv. Chavan for Defendant No.1 and 2/MCGM, T/Ward.
Defendant No.4 present and tendered pursis along-with death certificate of Defendant No.3, t.o.r. and marked as Exh.12.
None for Defendant Nos. 5 and 6 present.
Advocate for plaintiff requests for time to take steps for bringing the LRs. Of deceased of Defendant No.3 on record. Hence, request for time. Time is granted till next date.
Adjd. To 21/04/2022 for taking steps by plaintiff and CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv P.M. Shah for plaintiff present and requests for time to take steps for bringing LRs of deceased defendant no.3 on record. Time is granted till next date.
Adv Mrs Smita Chavan for defendant no.1 and 2/ MCGM present.
None for defendant no.3 to 6.
Adjd. To 30/06/2022 for taking steps by plaintiff and reply and hearing to CH/s no.1268/2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Neha Mishra h/f Adv. Piyush Shah for plaintiff present and requests for time to take steps for bringing LRs of deceased defendant no.3 on record. Time is granted till next date.
Adv. Mrs. Rawade h/f Adv. Chavan for defendant Nos. 1 and 2/ MCGM is present.
None for deft. Nos. 3 to 6.
Adjd. to 02/08/2022 for taking steps by plaintiff and reply and hearing to Ch/S No. 1268/2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Piyush Shah for plaintiff present.
Adv. Mrs. Chavan for defendant Nos. 1 and 2/ BMC is present.
Adv. Khandekar for deft. Nos. 4, 5 and 6 present.
Adjd. to 13/09/2022 for taking steps against deft. No. 3 and Ch/S hrg.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Pritesh Parmar for plaintiff present and tendered draft Ch/S along with affidavit in support thereof. Leave is granted to register the same returnable on next date. Copy is supplied to other side.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant Nos.1 and 2/ BMC is present.
Adv. Khandekar for deft. Nos.4, 5 and 6 present.
Both Advs. for defts. have given say on draft Ch/S overleaf.
Following order is passed on draft Ch/S-
O R D E R
     Plaintiff has taken out Ch/S for deletion of name of defendant No.3 who died on 31/10/2013. It is contended that Adv. For defendant Nos.3 to 6 for the first time informed regarding death of defendant No.3 by filing pursis dated 17/03/2022. Defendant No.3 died leaving behind him defendant Nos.4 to 6 has heirs and LRs. The defendant Nos.1 and 2 and 4 to 6 given no objection. Hence, I passed following-
O R D E R
1.     Draft Ch/S is allowed in terms of prayer clauses (a) and (b).
2.     Plaintiff to carry out amendment within prescribed time.
3.     Plaintiff to provide amended copy of plaint to other side.
4.     Draft Ch/S be registered for statistical purpose.
Adjd. to 29/09/2022 for compliance by plaintiff and hrg. on Ch/s No.1268/2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Pritesh Parmar h.f. Adv. P.M. Shah for plaintiff present and submitted that advocate is on record is busy Hon\''ble High Court. Hence, matter be adjourned.  Granted.
Adv. Mrs. Rawade for D/1 to 3 BMC present.
Adv  Khandekar for D/4 to 6 present.
Copy of amended Plaint received by both advocates for Defendants.
Adjd. to 20/10/2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Pritesh Parmar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
Adv. A. M. Khandekar for deft. Nos.4 to 6 present.
Due to paucity of time, matter is adjourned.
Adjd. to 10/01/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 22-11-2022
Business: Adv. Pritesh Parmar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
Adv. A. M. Khandekar for deft. Nos.4 to 6 present.
Due to paucity of time, matter is adjourned.
Adjd. to 10/01/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As per Officer Order No.263/2022 dated 28/12/2022, H.H.J. is relieved at 02.00 p.m. today for interview/ Viva-voce for promotion to the post of District Judge by Regular Promotion (65 percent) to the Hon\''ble High Court, Bombay, board of afternoon session is discharged and matter is adjourned.
Adjd. to 23/02/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. P. M. Shah for plaintiff present and requested time to argue on Ch/S. Time is granted till next date.
Adv. Mrs. Mhatre for defendant No.1 and 3/ BMC is present.
Adv. A. M. Khandekar defendant Nos.4 to 6 present.
Adjd. to 25/04/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. Mr. P.M. Shah for plaintiff present.
Adv. Ms. Mhatre for defendant no.1 and 2/ BMC is present.
Adv. A. M. Khandekar for defendant Nos.4 to 6 present and submitted that instructing advocate is busy in Hon\''ble High Court and requested for time to argue on C/S. Time granted as a last chance.
Adjd. to 18.07.2023 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Advocate Neel Gala for plaintiff present and submitted that settlement talks are going on.
Adv. Khandekar for def No. 4  to 6 present and submitted that talks are going on since long and plaintiff has challenged notice u/s 354 A of MMC Act and he further submitted no talks are going on. Adv. Gala submitted that he will argue the ch/s.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
L.O. at 5.15 p.m.
Adv  Neel Gala submitted as it now 5.15 p.m., date may be given, hence, matter adjourned as a last chance for hearing on Ch/s
Adjd to   10.08.2023 at 1. “O” Clock  for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Plaintiff No. 1 present.
Advocate Pritesh Parmar for plaintiff present and tendered rejoinder on reply to Ch/s. Copy is served upon other side.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
Adv khandekar for def No.  4 to 6  present.
Adjd to  12.09.2023 at 1 “O” Clock  for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Advocate Neel Gala   for plaintiff present.
Advocate Mhatre for defendant No.1 and 2/BMC present.
Adv. Khandekar for deft No. 4 to 6 present.
As court is busy in hearing HCTB NM and due to paucity of time,  matter adjourned.
Adjd  to 19.10.2023  at 1.00 p.m  for ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Advocate Atisha Shah h/f Shah for plaintiff present and requested to keep back the matter. Hence kept back.
Adv. Khandekar  for defendant No. 4,5 and 6 present.
Advocate Mhatre for defendant/BMC present.
KB
L.O. 4.14 p.m.
Adv. Neel Gala a/w Shah for plaintiff present.
Rest of the same appearance.
Heard argument of both sides on Ch/s No. 1268/2018.
Adjd  to  02.11.2023  for  Order on Ch/s No. 1268/2018
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Advocate Neel Gala a/w P. M. Shah for plaintiff present.
Deft No. 4 and deft No. 6 present.
Adv for deft No. 4 to 6 absent.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
Following order is passed on Ch/S No. 1268/2018
O R D E R

1.    The plaintiff has taken out this ch/s under order 6 Rule 17 of Civil Procedure Code for amendment in the plaint as per schedule annexed to Ch/s. The plaintiff is seeking permission to insert contention in respect of amendment in section 499  of MMC Act which provides provision of right of the tenant to carry out re-construction of demolition building. The plaintiff seeking permission to incorporate contention in respect of seeking permission re-construction and also seeking relief of direction Para – 2 to 4 of the schedule.
2.    It is contended that the plaintiff by letter dated 21.07.2017 asked for permission of repairs and or re-construction of the building but corporation has not reply the said letter therefore plaintiff is seeking permission to incorporate in respect of subsequent above referred events.
3.   The defendant/BMC opposed ch/s by filing reply dated 05.03.2019. It is contended that the plaintiff had challenged order of this Court however Hon’ble High Court disposed of Appeal dismissing NM.  The Hon’ble High Court refused to grant any relief and further directed the plaintiff to adopt proceeding as permissible under law enforce obligation of the landlord. It is further stated that as such nothing remained in the suit. However the plaintiff is prolonging hearing of suit. Therefore ch/s is liable to dismissed.
4.  Heard Adv for the parties.
5.  The plaintiff has taken out this ch/s under order 6 Rule 17 of CPC of amendment in the plain as per schedule. It is contention of the plaintiff that after filing suit there is amendment in the section 499 of MMC Act with provide right to the tenant to take appropriate steps for re-construction of the dilapidated building. Accordingly plaintiff sought permission to BMC but he has not reply letter of permission. Therefore it is necessary to amend the plaint. The plaintiff has relied upon Judgment of Apex Court in the case of LIC V/s Sanjeev Builider Pvt. Ltd, where in Hon’ble Apex Court laid down principles while dealing with amendment. It is where the amendment merely sought to introduce and additional or a new approach without introducing a time barred caused of action, the amendment is liable to be allowed even after expiry of limitation. The above stated the plaintiff is seeking permission to introduce additional relief. If it is also  well settled that Court has to be liberal in granting the prayer for amendment in pleading unless serious injustice or irreparable loss is caused to other side and nature of the suit is not likely to be changed as a result of amendment. The suit is at pre-trial stage and proposed amendment appears  to be just and necessary for determining real question in controversy between the parties. Therefore considering the fact of the case and in view of the above referred judgment ch/s deserve to be allowed.  Hence I pass following order.
ORDER
1.  Ch/s No. 1268/2018  is made absolute in terms of prayer clause(a).
2.  Plaintiff to carry out necessary amendment within two weeks.
3.  Copy of amended plaint be served upon other side.
4.  Ch/S No. 1268/2018 stands disposed of accordingly.
Adjd  to  12.12.2023   for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2023

Registration Number: 101268/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109733/2018
Filing Date: 19-07-2018
First Hearing Date: 26th July 2018
Decision Date: 02nd November 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE