Date: 03-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 23.06.2020 for W/S, ch/s service/ reply.
L.O.
Adv.H.D.Gandi for plaintiff present.
Next Purpose: SERVICE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adjd to
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: H.H.J. is nominated as online mediation trainer for Haryana, hence today''s board is discharged
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft no. 1 and 2/MCGM present.
None for deft no.3.
Plaintiff is directed to tender original Ch/s No.2337/19 alongwith affidavit in support on next date.
Matter adjd to 01/04/2021 for Written Statement /Service and Reply to Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to Covid-19, matter is adjourned till next date.
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: 08-07-2021
Date: 08-07-2021
Business: Due to Covid - 19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
Plaintiff is directed to tender original Ch/s along-with affidavit in support on next date.
Adjd. To 30/11/2021 for written statement / service and reply to Ch/s.
L.O. at 3.50 p.m.
Adv Hemant Ghadigaonkar for plaintiff present.
Already adjd. To 30/11/2021 for written statement / service and reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Chandansingh for Plaintiff present and tendered original registered Ch/s. No.2337/19 along with affidavit in support thereof. TOR. He also tendered copy of acknowledge of service. T.O.R.
Adv Mrs Rawade for defendant / MCGM present.
Plaintiff is directed to serve copy of Ch/s. upon Defendant/MCGM.
Matter is adjd to 17/03/2022 for service of CS and W.S.
Next Purpose: SERVICE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv.Ghadigaonkar for Plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present and seeks time to file reply to Ch/s. Time is granted till next date.
Adjd. To 21/04/2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv Ghadigaonkar for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present and requests for time to file reply to Ch/s. Time is granted till next date.
Adjd. To 16/06/2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: C/S REPLY
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Sandesh More h/f Adv. Ghadigaonkar for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 27/09/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Pallavi Chaterji for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 08/12/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Court is busy in N/M hearing, board is discharged.
Adjd. to 02/03/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Rizwan Qureshi h/f Adv. Ghadigaonkar for plaintiff present.
Adv. Mrs. Mhatre for defendant/ BMC is present and has given say on Ch/S, TOR.
Adjd. to 11/04/2023 for Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Pallavi Chatterjee h.f Adv. Ghadigaonkar for plaintiff present.
Adv. Ms. Mhatre for defendant / BMC is present.
Adjd. to 06.06.2023 for C/S. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Adv. Pallavi Chatterjee h/f Hemant Gahadigaonkar for plaintiff present.
Adv. Ms. Mhatre for defendant/ BMC is present.
Heard argument of both sides on chamber summons No. 2337/2019.
Adjd. to 30.06.2023 for Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Following order is passed on Ch/S No.2337/2019.
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to incorporate contention regarding demolition of structure by the defendant/BMC on 12.11.2018. It is further stated that
after filing the suit defendant/corporation passed speaking order dated 23.10.2018 and demolished the notice structure unauthorizedly. It is further stated that plaintiff is challenging said speaking order and demolition of notice structure. It is further stated that the proposed amendment is necessary for complete and effective adjudication of dispute involved in the suit.
2. Adv. for defendant/corporation opposed chambers summons stating that the corporation demolished structure therefore noting remained in the suit. The chamber summons is bared by limitation and no cause of action arose after demolition of the notice structure.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of subsequent event of demolition of notice structure and permission to reconstruct the structure. The plaintiff has challenged the notice issued by corporation u/s 351 of MMC Act and proposed amendment plaintiff is challenging the demolition of notice structure and speaking order. In this suit issues are not yet framed. 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 nature of the Suit is not likely to be changed as result of the amendment.
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 demolition of notice structure and challenging the speaking order. 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. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/S No.2337/2019 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.2337/2019 stands disposed of accordingly.
Adjd to 02.08 2023 for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 30-06-2023
