Date: 05-11-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Priya Rita a/w Kavita Mishra for plaintiff present.
Adv. for defendant No. 1 (a) to 1 (d) present and tendered reply ch/s NO. 1970/19. Copy is served to other side.
Adv. Jay Katariya for Defendant No. 2 , 2a to 2b.
Adv. Mrs. Hajare for MCGM/Deft.No.3present.
Adv. Hajare submitted that the prayer in Ch 1970/19 is only against Defendant No.2. Therefore, reply of Defendant No.3 is not required.
Adjd to 25.02.2020 for ch/s hearing .
Next Purpose: HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Priya Rita for plaintiff present.
Adv. Pratik Kothari for 1 to 1(D), 2(A) and 2 (B) present and tendered draft NM along with affidavit in support. Leave to register is granted. Copy is served to plaintiff and defendant/corporation.
Adv. Mrs. Hajare for MCGM/Deft.No.3 present.
Matter adjd to 18.06.2020 for ch/s hrg/ NM reply by defendant corporation and plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None for plaintiff.
Adv. Mr. Pratik Priyadarshi for deft no.1, 1(a) to 1(d) and 2, 2(a) and 2(b) present.
Adv. Mrs. Hajare for deft no.3/MCGM present.
Matter adjd to 06/02/2021 for Ch/s Hearing/ NM Reply by deft/MCGM and plaintiff.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Matter adjd to 25/03/2021 for Reply by plaintiff to NM No. 975/2020, reply by deft no.3 to NM No. 2431/19 and 975/2020/ Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for plaintiff.
Adv. Jay Pathrani i/b IC Legal for deft no.1, 1(a) to (d), 2, 2(a) to 2(d) present
Adv. Ms. Smita Chavan h/f Adv. Ms. Hazare for deft no.3/MCGM present.
Matter adjd to 10/06/2021 for Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: As Court is on leave today
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv Omkar Dalvi for plaintiff present.
Adv Nidhi Jasani for defendant no.1, 1(a) to 1(d), 2, 2(a) to (d) present.
Adv Smita Chavan for defendant no.3/ MCGM present.
Adjd. To 11/11/2021 for reply by defendant no.3 to NM NO.2431/19 and 975/20 / CH/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Disha Karambar with Adv Priya Rita for plaintiff present.
Adv Nidhi Jasani for defendant no.1, 1(a) to 1(d), 2, 2(a) to 2(d) present.
Adv Smita Chavan for defendant no.3/ MCGM present.
Adjd. To 14/12/2021 for reply by defendant no.3 to NM NO.2431/19 and 975/20 / Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None for plaintiff.
Adv Joshi for defendant no.1, 1(a) to 1(d), 2, 2(a) to 2(d) present. Adv Smita Chavan for defendant no.3/ MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 15/02/2022 for reply by defendant no.3 to NM NO.2431/19 and 975/20 / Ch/s hearing.
L.O. at 5.30 pm.
Adv Priya Rita for plaintiff present.
Already adjd. To 15/02/2022 for reply by defendant no.3 to NM NO.2431/19 and 975/20 / Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None for plaintiff.
Adv Priya Makwana for defendant nos.1, 1(a) to 1 (d), 2, 2 (a) to 2 (d) present.
Adv Mrs Rawade h/f Adv Chavan for defendant no.3/ MCGM present.
Adjd. to 08/03/2022 for filing reply by defendant no.3 to NM NO.2431/19 and 975/20 / Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv Omkar Dalvi for plaintiff present.
Adv Joshi for defendant nos.1, 1(a) to 1 (d), 2, 2(a) to 2(d) present.
Adv Mrs Smita Chavan for defendant no.3 / MCGM present.
Adv for plaintiff tendered written notes of arguments in Ch/s No.1970/2019. Copy is served to other side. TOR and marked as Exh.5. Copy is served on defendants.
Adjd. To 22/03/2022 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: HHJ is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None for plaintiff.
Adv Joshi for defendant nos.1, 1(a) to 1 (d), 2, 2(a) to 2(d) present.
Adv Mrs Smita Chavan for defendant no.3 / MCGM present.
Adjd. To 16/06/2022 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: C/S HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: None for plaintiff.
Adv. Ms. Joshi for deft. Nos. 1, 1(a) to 1(d), 2, 2(a) to 2(d) present.
Adv. Mrs. Chavan for defendant No. 3/ BMC is present.
K.B.
L.O. at
Adv. Priya Rita for plaintiff present.
Rest of the same appearance.
Heard arguments of both sides on Ch/S No. 1970/2019.
Adjd. to 24/08/2022 for order on Ch/S No. 1970/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Sunita Korde for plaintiff present.
Adv. Riya Makwana for deft. Nos.1, 1(a) to 1(d), 2, 2(a) to 2(d) present.
Adv. Mrs. Tondwalkar h/f Adv. Chavan for defendant No.3/ BMC is present.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 05/09/2022 for order on Ch/S No. 1970/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Ms. Priya Rita for plaintiff present
Adv. Ms. Riya Makwana for D/1, 1-A to 1-D, 2, 2-A to 2-D present
Adv. Rawade h/f. Tondwalkar for D/3-BMC present.
Following order is passed on Chamber Summons No.1970/2019-
O R D E R
. The plaintiffs have taken out Chamber Summons for amendment in the plaint.
2. It is contended that defendant No.1 through its partners executed development agreement in favour of defendant No.2 Ashray Realtors. However, inadvertently name of defendant No.2 is mentioned as \''Ashray Builders\'' instead Ashray Realtors. Therefore, there is typographical error on the part of plaintiff and, therefore, it is necessary to correct the typographical error that has occurred in the plaint.
3. The defendants No.1 and 2 have opposed Chamber Summons by filing reply. Defendants No.1 and 2 opposed contentions in Chamber Summons. It is contended that Chamber Summons is false, baseless and it is filed by the plaintiff as an after thought and to harass them. The plaintiff has not approached to the Court with clean hands and not disclosed clean and clear facts. The Chamber Summons is taken out with ulterior motive at a belated stage. The amendment is not a typographical error but an after thought to cover up the lacuna. The defendants in their W/S. pointed out that defendant No.2 is no concern with suit property and despite of that the plaintiffs have not taken corrective measures. On these grounds, the defendants prayed for dismissal of Chamber Summons.
4. Heard parties.
5. The plaintiffs have taken out Chamber Summons under Order-I Rule-10 read with Order-VI Rule-17 of The Civil Procedure Code (in short the C.P.C.). As per Order-I Rule-10 of the C.P.C. person may be added as a party to a suit if said person is proper and necessary party and without his presence the question in suit cannot be completely decided. It is the contention of the plaintiffs that due to typographical error name of defendant No.2 has been mentioned as Ashray Builders instead Ashray Realtors. Defendant No.2 in their W/S. contended that defendants No.1 and 2 have executed development agreement and Power of Attorney in favour of Ashray Realtors. The defendants No.1 and 2 opposed Chamber Summons on the ground of delay occurred on the part of plaintiff. However, if the proposed amendment is just and necessary same cannot be rejected on the ground of delay. It is the defence of the defendants that Ashray Realtors have entered into development agreement and invested huge amounts. Thus, it is clear that Ashray Realtors is a proper and necessary party. Therefore, Chamber Summons deserves to be allowed subject to cost. Hence I pass following order-
O R D E R
1. Chamber Summons is allowed subject to payment of Rs.2,000/-
to be paid to the District Legal Services Authority, Mumbai within
2 weeks.
2. The plaintiffs to carry out necessary amendment and supply copy
of amended plaint.
Nature Of Disposal: ALLOWED
Disposal Date: 05-09-2022