Date: 10-01-2018
Business: Resumed.
Adv. Rahul Raut for Def. No. 4, Adv. Patil for BMC are present. Adv. Rahul Raut filed reply to the contempt notice taken out by the plaintiff. Plaintiff and his advocate are absent. Plaintiff to serve copy of NM on BMC.
Adv. for Def. No.2 filed NM NO. 32/2018 with affidavit.
Adj. for reply to both the NM on 05.02.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-02-2018
Date: 05-02-2018
Business: Resumed.
Adv. Gayatri for Plaintiff, Adv. Vaishnav for Def. No. 4 Adv. Ms. Patil for BMC are present.
Adjd. for NM hearing to 26.02.2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2018
Date: 26-02-2018
Business: Resumed.
The P.O. is busy in orders on NM No. 4296/2016 in Suit No. 1000/2016 and NM No. 744/2018 in Suit No. 2511/2016 for want of time the board is discharged.
Plaintiff tenders NM No. 792/2018.
Adjd. for NM hearing to 14.03.2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2018
Date: 14-03-2018
Business: Resumed.
The court is busy in recording evidence in Sessions Case No. 2/2018 and hearing of NM No. 820/2012 in Suit No. 800/2012. Adjd. for NM hearing to 13.04.2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2018
Date: 13-04-2018
Business: Resumed.
The P.O. is busy in hearing of Suit no. 5490/2004 and Judgment in Suit No. 624/2008. For want of time the board is discharged.
Adjd. for NM hearing to 12.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Business: On the other hand, the Ld. Advocate for the plaintiff submits that the notice has been served on the plaintiff on 28.04.2018 and it is necessary for the plaintiff to file an affidavit in reply. The plaintiff apprehends that it such repairs are allowed, the lease will not be renewed. She further submits that there is no such urgency as the alleged incident took place on 9.04.2018 and the matter is moved today. She seeks time till tomorrow to file reply.
In the circumstance the matter is adjd to reply on 04.05.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2018
Date: 04-05-2018
Business: Resumed.
Adv. Vaishnav for Def. no. 4, Adv. Khobragade for plaintiff and Adv. Patil for defendant corporation. Adv. Khobragade files affidavit in reply. O- R and R.
Heard, respective advocates on the point of ad-interim relief in NM No. 32/2018.
Adjd. for ad-interim orders to 05.05.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 05-05-2018
Date: 05-05-2018
Business: Resumed.
Adv. Khobragade for plff. None for defendant no.4. Though the matter was fixed for passing orders on ad-interim reliefs in NM NO.32 of 2018, due to paucity of time, it is not possible for P.O. to pass necessary orders. Upon asking, ld. Adv. For plffs. Submit that she has no objection if the orders are passed during vacation. Therefore, the matter is adjd. For orders on ad-interim reliefs on NM no.32/2018 on 23.05.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 23-05-2018
Date: 23-05-2018
Business: Resumed
None for plaintiff and defendants.
The Presiding Officer is busy in recording evidence in High Court Time Bound L.C. Suit no.2187/2006 and sister suit and also in recording statement of the accused in S.C. no.2/2018. Therefore, the Court time is over.
Adjourned for orders on ad-interim reliefs on N/M no.32/2018 to 25.5.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 25-05-2018
Date: 25-05-2018
Business: The Ld. Advocate for MCGM submitted that the defendant has to take permissions for such repairs from the competent authority as the MCGM is lessor of the land where as, the plaintiff is lessee of the land and owner of the structure. In reply, the Ld. Advocate for defendant no. 4 submits that in view of the provisions of section 342 of MMC Act, permission is not required for tenantable repairs.
Perused the copies of documents and photographs placed on record as well as the order dtd. 19.07.2016. Prima facie the relationship of landlord - tenant inter se plaintiff and defendant no. 4 is undisputed. Similarly, the relationship of lessor and lessee inter se defendant no. 1 and plaintiff is undisputed. It is also undisputed that the defendant no. 4 has not challenged the order dtd. 19.07.2016, by which the defendant no. 4 was temporarily restrained from carrying out construction work or parting with possession of the suit premises. NM No. 792 of 2018 is pending in respect of alleged disobedience of the order dtd. 19.07.2016 by the defendant no. 4. Thus, there are three notices of motion pending in respect of same issue. The defendant no. 4 has prayed for various repairs. Under such circumstance without hearing the notices of motion on merit it is not desirable to pass order at ad-interim stage allowing all the repairs, without considering there nature.
However, so far as the submission regarding infestation of the ceiling of operation theater by termites and falling down part of that ceiling etc. is concerned and considering the said position prima facie depicted in photographs Exh. A (collectively at page no. 5 to 7) of additional affidavit dtd. 26.04.2018, it is expedient to allow the defendant no. 4 to pest control the ceiling and repair the false ceiling by using the material of same kind, as operation theater would be a place required in case of emergency in any clinic/diagnostic center.
Therefore, the following ad-interim relief is granted.
1. The defendant no. 4 is permitted to do pest control of the ceiling of operation theater and repair the false ceiling by using the material of the same kind and submit an affidavit to that effect with photographs showing the work of repairs so carried out, on or before next date.
An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to all the parties.
Adjd for arguments on NM No. 32 of 2018 and 2770 of 2016 to 29.06.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Resumed.
Adv. Gupta for plaintiff, Adv. Rahul Raut for def. no. 4 and Adv. Patil for MCGM are present.
Adv. Raut seeks time to file photographs and affidavit in compliance of the order dtd. 25.05.2018. Granted as last chance.
Adjd for compliance and arguments on NM No. 32/2018 and 2770/2016 to 20.07.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-07-2018
Date: 20-07-2018
Business: The P.O. is busy in hearing of High Court time bound matter NM No. 1091/2018 in Suit no. 2179/2017, NM No. 1092/2018 in Suit No. 2180/2017, NM No. 1093/2018 in Suit No. 2181/2017 and NM No. 1094/2018 in Suit No. 2182/2017. For want of time the board is discharged.
Adjd for NM arguments to 30.07.2018
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 421/2016 and orders on NM No. 3348/2017 NM No. 3349/2017, 3350/2017 and NM No. 4374/2015 in Suit No. 2894/2008. For want of time the board is discharged.
Adjd for NM arguments to 06.08.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Resumed.
Adv. Rajesh Khobragade for plaintiff, Adv. Vaishnav for def. no. 3 and adv. Patil for MCGM are present.
Heard, Adv. Khobragade and Adv. Vaishnav and Adv. Patil on NM no. 32/2018.
Adjd for orders on NM No. 32/2018 to 13.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 568/2017 and 260/2017. For want of time the board is discharged.
Earlier order if any to be continue till next date.
Adjd for NM Order to 21.08.2018
Next Purpose: NM ORDERS
Next Hearing Date: 21-08-2018
Date: 21-08-2018
Business: Resumed.
Adv. Abhijeet Naik for plaintiff and Adv. Kirtika Kothari for def. no. 4 and Adv. Rawade h/f Patil for MCGM are present.
FRSR the following order is passed on NM No. 32/2018 -
ORDER
1. The Notice of Motion No. 32 of 2018 is dismissed.
2. Parties to bear their own costs of the motion.
Adjd for hearing of NM 792/2018 and 2770/2016 to 08.10.2018.
Nature Of Disposal: DISMISSED
Disposal Date: 21-08-2018
