Mr. Vallabh Ramji ValaVsMCGM

Date: 24-10-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv.Jain h/f adv. KUdalkar   for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 26.03.2020 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-04-2020

Date: 18-04-2020
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: NOTICE OF MOTION
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Vaibhavi Pawar h/f. Adv. Mr. Kudalkar for Plaintiff present.
Adv. Mrs. Hajare for Defendant /MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 16/03/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present and requests for time to file reply to Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant /MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 02/12/2021 NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for plaintiff present..
Adv. Chavan for Defendant/MCGM present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Matter pertains to C.R. No.08
Adv. Vaibhavi Pawar h/f. Adv. Kudalkar for Plaintiff present.
Adv Mrs Rawade h/f. Adv. Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 07/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present.
Adv. Chavan for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 19/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None for plaintiff.
MCGM Counsel Adv Gajanan Shinde with Adv Mrs Smita Chavan for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 05/05/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.5253/2012 and 2435/2013, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 07/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present and tendered original N/M No. 3726/2019, TOR.
Adv. Mrs. Chavan for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 25/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 13/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 29/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Court is busy in urgent ad-interim hearing. Hence, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 09/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Court is busy in urgent hearing. Hence, board is discharged.
Matter adjd. to 21/02/2023 for NM and CS reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As Court is busy in hearing urgent N/M and ad-interim relief and passing order in N/M, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 20/04/2023 for N/M and Ch/S reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Matter pertains to C.R. No.04.
Adv. Kudalkar for plaintiff present
Adv. Mhatre for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 15/6/2023 for N/M and C/S reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Advocate Kudalkar for plaintiff present and tendered registered NM No. 677/2023 and Ch/s No. 348/23 and  draft chamber summons @ affidavit in support.
O- Leave graned to register it.
Copy be served upon defendant /corporation.
Advocate Mhatre  for defendant/BMC present and seeks time to file reply to NM, Time is granted
Earlier order, if any, to continue till next date.
Adjd to  20.07.2023  for NM Reply /Ch./s Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate  Kudalkar for plaintiff present
Advocate Mhatre  for defendant/BMC present and filed  reply to Ch/s No. 348/2023
Adv for BMC seeks time to file reply to NM, Hence time is granted.
Heard argument of both sides on Ch/s No. 348/2023.
Earlier order, if any, to continue till next date.
Plaintiff is directed to register draft ch/s on next date.
Adjd to 31.07.2023 for Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Advocate Kudalkar for plaintiff present.
Advocate Suryavanshi h/f Mhatre for defendant/BMC present.
Following order is passed on Ch/S No. 348/2023
O R D E R
1.     The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to incorporate contention in respect of issuance of notice u/s 351 of MMC Act dated 31.12.2019 and passing of speaking order and also seeking relief of declaration that above said notice be declared as Null and Void.

2.    Adv. for defendant/corporation opposed chambers summons stating that  this is delaying tactic and the amendment is not in respect of subsequent event and ch/s is taken out only to delay the proceeding.
3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.     The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of in respect of issuance of notice u/s 351 of MMC Act dated 31.12.2019 and passing of speaking order and also seeking relief of declaration that above said notice be declared as Null and Void. The plaintiff has challenged the notice issued by corporation u/s 351 of MMC Act.  It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
5.     In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to incorporate pleading in respect of  in respect of issuance of notice u/s 351 of MMC Act dated 31.12.2019 and passing of speaking order and also seeking relief of declaration that above said notice be declared as null and Void. Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.   Ch/s No.348/2023 is made absolute in terms of prayer clause(b ).
2.  Plaintiff to carry out necessary amendment till next date.
3.  Copy of amended plaint be served upon other side.
4.  Ch/S No. 348/2023   stands disposed of accordingly.
Plaintiff is directed to tender original ch/s No. 1260/2023 @ affidavit in support on next date.
Earlier order, if any, to continue till next date.
Adjd to  29.08.2023  for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and tendered amended plaint. TOR serve copy of amended plaint to BMC and one copy kept in R & P.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Plaintiff directed to tender original ch/s NO.  1260/2023  till next date.
Adjd to 16.09.2023   for NM Reply and service of ch/s No. 1260/2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and tendered original Ch/s 1260/2023. TOR
Advocate Mhatre for defendant/BMC present and has given say on Ch/s No. 1260/2023 overleaf and seeks time to file reply to NM. Time is granted.
Heard argument of both sides on Ch/s.
Earlier order, if any to continue till next date.
Adjd  to 03.10.2023  for Ch/s Order and NM Reply.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Advocate Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
F.R.S.R. following order is passed on Ch/s 1260/2023
ORDER
1]	Chamber Summons is made absolute in terms of prayer clause (b).
2]	The plaintiff to carry out necessary amendment within two weeks 	and shall serve copy of amended plaint upon defendant.
Earlier order, if any, to continue till next date.
Adjd  to 31.10.2023   for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Advocate Jain h/f Kudalkar for plaintiff present and inadvertently plaintiff was under impression that amendment is to be carried out before next date but Court has directed to carry out amendment within two weeks. Hence time is extended as a last chance.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  21.11.2023   for  Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and seeks time to serve copy of amended plaint. Time is granted as a last chance as suit is of year 2019.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 01.12.2023    for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Advocate Kudalkar for plaintiff present and tendered amended copy of plaint. TOR also served upon other side.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  16.01.2024   for WS and NM Reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present and seeks time to file WS and Reply to NM. Granted
Earlier order, if any, to continue till next date.
Adjd  to 05.03.2024  for Filing WS and NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: As Court is busy in judgment in Suit No. 7681/1996, Board is discharged. Hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 04.04.2024    for Filing WS and NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Matter pertains to C. R. No. 4
P. O. of C. R. No.4 is nominated for Judicial officers Special Course on Criminal Justice and Digital Forensic at NFSU Delhi Campus for 5 days from 1/4/2024 to 5/4/2024.
Adv. Kudalkar for plaintiff present
Adv. Mrs. Mhatre for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 7/5/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Matter pertains to C. R. No. 4
Advocate  Jain h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 05.07.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Matter pertains to T Ward.
None present for defendant/BMC, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 06.08.2024    for reply to both NM and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Matter pertains to C. R. No. 4
Adv. Mrs. Vaibhavi Pawar h/f Adv/ Kudalkar for the Plff. present.
Adv. Mrs. Metakari for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 24.09.2024 for NM Reply and Writ of Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Advocate Vaibhavi Pawar h/f Kudalkar  for plaintiff present.
Advocate  Nagarthawar   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to   19.11.2024   for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Farkhanda Shaikh h/f Kudalkar for plaintiff present and tendered writ of summons Exh. 5.
Advocate Swapnil Bharti   for defendant/BMC present and seeks time to file reply to both NM as well WS.
The Suit is of year 2019 and NM No. 3726/2019 is pending since more then five year and NM No. 677/2023 is pending more then one year. However in the interest of justice time is granted as a one more  last chance.
Earlier order, if any, to continue till next date.
Adjd  to  19.12.2024 for NM Reply and WS
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: As Court is busy in ad-interim hearing and order, Board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 04/02/2025 for N/m reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Suraj Kudalkar for the plaintiff is present and not pressed NM No. 3726/2019. Hence, NM No. 3726/2019 is disposed of as not pressed. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and sought time to file NM reply. Time is granted. Earlier Order, if any, is continued till the next date.
Adjourned for NM reply/writ of summons to 24.04.2025.
Nature Of Disposal: OTHER
Disposal Date: 04-02-2025

Main Case No: SUIT/0102449/2019
Main Cnr: MHCC010092462019
Main Filing No: 111447

Registration Number: 103726/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 110332/2019
Filing Date: 05-10-2019
First Hearing Date: 24th October 2019
Decision Date: 04th February 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE