Date: 09-01-2020
Business: Adv. Mr. Thakkar for plaintiff present amd tedered original Ch/S 2349/19 @ affidavit in support.
Copies served to defendant no. 1 and 2
Adv. Ms. Patil for MCGM/Defendant no. 1 and 2 present.
None for defendant no. 3 to 5.
On oral request of advocate for Defendant no. 1 and 2, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 13/02/2020 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Partner of plaintiff present, his advocate is absent.
Adv. Ms. Patil for MCGM/Defendant No.1 and 2 present.
None for defendant No. 3 to 5.
On oral request of advocate for Defendant, adjournment granted as last chance. Time to file reply- Granted.
Earlier order, if any, to continue till next date.
Matter adjd to 27.03.2020 for reply by defendant.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
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: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: None for Plaintiff.
Adv. Khandagale h/f. Adv. Smita Chavan for Defendant No.1 and 2/MCGM present.
None for Defendants No. 3 to 5.
Earlier order, if any, to continue till next date.
Matter adjd to 27/10/2020 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for Plaintiff.
Adv. Mrs. Hajare h/f. Adv. Mrs. Smita Chavan for Defendant No.1 and 2/MCGM present and requests for time to file reply to Ch/s. No. 2349/19. Time is granted till next date.
None for Defendant Nos. 3 to 5.
Earlier order, if any, to continue till next date.
Matter adjd to 16/01/2021 for CHS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: (Matter pertains to C.R.No.8)
None for Plaintiff.
None for Defendant Nos. 1 and 2/MCGM.
None for Defendant Nos. 3 to 5.
Earlier order, if any, to continue till next date.
Matter adjd to 06/02/2021 for Ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 25/03/2021 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 15/06/2021 for Ch/s Reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv Renuka Negi h/f Adv Thakkar for plaintiff present and tendered draft Ch/s alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s, returnable on next date. Copies served to defendant nos.1 to 3. Copies be served to defendant no.5.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Miss Trisha for defendant no.3 present.
None for defendant nos.4 and 5.
Earlier order, if any, to continue till next date.
Adjd. To 05/10/2021 for service of Draft Ch/s upon defendant no.5 and reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Renuka Negi h/f Adv Thakkar for plaintiff present and tendered original registered Ch/s No.1177/2021 along with affidavit in support thereof. TOR.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Trisha Singh for defendant no.3 present.
Defendant no.4 is expired.
None for defendant no.5.
Earlier order, if any, to continue till next date.
Adjd. To 04/12/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Renuka Negi h.f. Adv. Thakkar for Plaintiff present and tendered affidavit of service. T.O.R.
Mr. Ravi Sampat, partner of Plaintiff is also present.
Adv. Chavan h.f. Adv. Rawade for Defendant No. 1 and 2/MCGM present and seeks time to file reply to Ch/s. Time is granted till next date.
None for Defendant No. 3 and 4.
Earlier order, if any, to continue till next date.
Matter is adjd to 07/12/2021 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Renuka Negi h.f. Adv. Thakkar for Plaintiff present.
Adv Mrs Rawade for defendant no. 1 and 2/ MCGM present and has given say on Ch/s. itself.
None for Defendant No. 3, 4 and 5.
Today, matter is fixed for ch.s. reply, but defendant no. 3 to 5 and their advocate are absent. Hence, no say order passed against them.
Matter is adjd to 04/01/2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv Renuka Negi h/f Adv Thakkar for plaintiff present.
Adv Khandagale h/f Adv Rawade for defendant nos.1 and 2 / MCGM present.
None for defendant no.3.
K.B.
L.O. at 3.30 p.m.
Adv Renuka Negi h/f Adv Thakkar for plaintiff present.
Adv Khandagale h/f Adv Rawade for defendant nos.1 and 2 / MCGM present.
None for defendant no.3.
Heard both sides at length on Ch/s No.1177/2021.
Adjd. To 15/01/2022 for order on Ch/s No.1177/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None for Plaintiff.
None for Defendant No. 1 and 2/MCGM.
None for Defendant No.3.
Order on Chamber Summons No. 1177 of 2021.
The Plaintiff has filed present Ch/s. for deleting the name of Defendant No.4 from the Plaint.
Perused ch/s., affidavit in support of it, say filed by the Defendant, heard advocates at length.
On going through the record it reveals that Defendant Nos. 3 to 5 are join as a Trustees of Seth Dayabhai Odhavji Ghatkopar Vanik Niwas Trust. The defendant no.4 Mr. Vinu bhai was expired on 25.08.2020, but the advocate for Defendant Nos. 3 to 5 not given the intimation about his death. Plaintiff came to know about the death of Defendant No.4 in a proceeding before the Small Causes Court. The Plaintiff address letter to defendant Trust and inquire about the new Trustee appointed in place of deceased Defendant No.4. However, no reply is given by the Defendant Nos. 3 and 5 and their advocates.
So, Plaintiff wants to delete the name of Defendant No.4. The prayer of Plaintiff is within time and there is no alternative rather than delete the name of Defendant No.4. Therefore, Plaintiff is entitled for the relief prayed. Considering this I pass the following order -
Order.
a. The Chamber Summons No. 1177/2021 is made absolute.
b. Plaintiff is permitted to delete the name of Defendant No.4 by amending the Plaint.
c. Chamber Summons No. 1177/2021 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Matter is adjd to 08/02/2022 for compliance / hearing on Ch/s. No.2349/2019.
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.
Earlier order, if any, to continue till next date.
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. Thakkar for Plaintiff present and tendered copy of amended Plaint for office record. TOR. Copy be supplied to the other side.
Adv Mrs Rawade for defendant No. 1 and 2 / MCGM is present.
Adv. Sultana Sonawane for Defendant No.3 present and undertakes to file V/P. on next date and seeks time to argue on CS on next date. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 21/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Mr Ravi, Partner of plaintiff present. Advocate for plaintiff absent.
Adv Mrs Rawade for defendant No. 1 and 2 / MCGM is present. Adv. Sonawane for Defendant No.3 present and undertakes to file vakalatnama on next date and seeks time to argue on CS on next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/06/2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 and 2/ MCGM is present.
None for deft. Nos. 3 to 5.
Heard both parties on Ch/S No. 2349/2019.
Earlier order, if any, to continue till next date.
Adjd. to 30/06/2022 for order on Ch/S No. 2349/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 and 2/ MCGM is present and has given say on Ch/S No. 2349/2019 overleaf.
None for deft. Nos. 3 to 5.
K.B.
L.O. 02.50 p.m.
None for plaintiff.
Adv. Mrs. Rawade for defendant Nos. 1 and 2/ MCGM is present
Adv. S. U. Sonawane for deft. No. 3 present and tendered Vakalatnama, TOR and marked as Exh. 29.
None for deft. Nos. 4 and 5.
K.B.
L.O. at 04.05 p.m.
Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. for deft. No. 3 requested that she want to file reply to Ch/S No. 2349/2019. Hence, time granted till next as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 19/07/2022 for filing reply by deft. No. 3 on Ch/S No. 2349/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Renuka Negi for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 and 2/ MCGM is present.
Adv. S. V. Sonawane a/w Adv. Trisha A. Singh for deft. No. 3 present.
Earlier order, if any, to continue till next date.
Adjd. to 20/08/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 and 2/ MCGM is present. Adv. Trisha A. Singh h/f Adv. S. V. Sonawane for deft. No. 3 present.
Earlier order, if any, to continue till next date.
Adjd. to 13/09/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
Adv. Sanjay Gangawane h/f Adv. S. V. Sonawane for deft. No.3 present.
Earlier order, if any, to continue till next date.
Adjd. to 06/10/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
None for deft. Nos.3 and 5 and not filed reply to Ch/S. Hence, No say order against deft. Nos.3 and 5.
Earlier order, if any, to continue till next date.
Adjd. to 15/10/2022 for Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Krupa Savajiyami h/f Adv. Jaydeep J. Thakkar for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
Adv. Anita Murgude i/b Adv. Sonawane for deft. No.3 present.
Matter is referred to National Lok-Adalat will be held on 12/11/2022.
Both parties are directed to remain present before National Lok-Adalat on 12/11/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/11/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.04
Plaintiff present.
Adv Renuka Negi for plaintiff present.
Adv. Rawade for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 13.12.2022
Next Purpose: C/S HEARING
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Adv. Krupa Savajiyami h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
Adv. S. V. Sonawane for defendant No.3 present.
Heard both sides on Ch/S No.2349/2019.
Earlier order, if any, to continue till next date.
Adjd. to 20/12/2022 for order on Ch/S No.2349/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: CORAM H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Renuka Negi for plaintiff present.
None for Defendant No.1 and 2/BMC.
Adv. S.V. Sonavane for Defendant No.3 present.
Earlier order, if any, to continue till next date.
Adjd. to 12/01/2023 for order on Ch/S No.2349/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Mr. Jagdish, partner of plaintiff present.
Adv. for plaintiff absent.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
Adv. Sonawane for defendant No.3 present.
None for deft. No.5.
Following order is passed on Ch/S No.2349/2019-
O R D E R
1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. By way of proposed amendment plaintiff is seeking permission to incorporate contention regarding filing of PIL and amendment in the MRTP Act in the year 2017. So also plaintiff is seeking amendment in the prayer clause by inserting (para 69, l-i). It is contended that the proposed amendment is respect of subsequent events i.e. filing of PIL and amendment in the MRTP Act. It is further contended that the proposed amendment is necessary for complete and effective adjudication of dispute involved in the suit.
2. Adv. for defendant/ corporation opposed application. It is contended that by way of proposed amendment plaintiff want to insert amendment in the law. However, law point can be argued and need not to be plead. The matter is old and plaintiff is purposely delaying the suit and Ch/S is taken out at delayed stage. The other defendant have not filed reply.
3. Heard Adv. for the plaintiff and defendant/ BMC. 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 filing of PIL in Hon\''ble High Court and contentions as to amendment in the MRTP Act. In this suit issues are framed but trial of the suit is not commenced. 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. In this case the Suit is at pretrial stage. The defendant/ corporation opposed application on ground that law need not to be pleaded . However, while considering the application for amendment merits of the proposed amendment cannot be gone into. It is well settled that Court has to be liberal in permitting amendment unless serious injustice or irreparable loss is caused to the other side. So also if nature of the suit is not likely to be changed as a result of amendment it should normally be permitted. Delay in taking out amendment application cannot be ground to reject the prayer of amendment. In the case in hand 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.2349/2019 is allowed in terms of prayer clause(a).
2. Plaintiff to carry out necessary amendment within a one week.
3. Copy of amended plaint be served upon other side.
4. Ch/S No.2349/2019 stands disposed of accordingly.
Earlier order, if any, to continue till next date.
Nature Of Disposal: ALLOWED
Disposal Date: 12-01-2023
