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MISC APPEAL

K.B. Enterprises Pvt. Ltd.VsMCGM

CNR MHCC01000068201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 15th December 2020

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100003/2019
Registration Date
04 Jan 2019

Advocates

3

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Terrorist and Disruptive and Activities (Prevention) Act · Sec 105 B · r/w 105 F

Case History / Proceedings

Case History
Date: 05-01-2019
Business: Adv. Vishal Phal for appellant present.
Exh.2Stay application.
Adjd. to 07/01/2019 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-01-2019

Date: 07-01-2019
Business: Adv. Vishal Phal for the appellant present.
Mr. Vaibhav Shinde, representative of respondent present.
He submits that the Advocate for respondent is not available today.
In the meantime execution of impugned order is stayed till next date.
Adjd. to 06/02/2019 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Adv. Vishal Phad for appellant present.
Adv. A.V. Diwate for respondent present.
Respondent files R and P. Copy served to appellant.
Adjd. to 28/03/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Sunita Sonawane for appellant present.
Adv. A.V. Diwate for respondent present.
At the request of Ld. Counsel for appellant, adjd. to 13/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adv. Teja Rane h/f Adv. Sunita Sonawane for appellant present.
Adv. Vikram Valawalkar with Adv. A.V. Diwate for respondent present.
Exh.3Application for adjournment by appellant.
O-Granted.
Adjd. to 10/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. Vishal Phal i/b Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Valavalkar with Adv. A.V. Diwate for respondent is present.
As the Court is busy in hearing argument in Misc Appeal No.99/17, adjd to 07.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Ms.Sunita Sonawane for appellant is present.
Adv. Mr.Vikram Walavalkar a/w Adv. A.V. Diwate for respondent is present.
As the court is busy in hearing other matters, adjourned to 09.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Mr.Vishal Phal i/b Adv. Sunita Sonawane for appellant is present.
None present for respondent/MCGM.
Adjourned to 22.10.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. Vishal Phal i/b Adv. Sunita Sonawande for appellant is present.
Adv. A. V. Diwate for respondent is present.
Adjourned to 22.11.2019 for Hearing.
Earlier order to continue till next date, if any.
Next Purpose: HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Walawalkar for respondent is present.
Adjourned to 09.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Apurva Kulkarni i/b Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Walawalkar for defendant is present.
Adjourned to 15.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Walawalkar for respondent is present.
As the court is busy in hearing arguments in Suit 9438/89 and 10100/90 matter is kept back at 03.00 pm.
KB
LO at 03.54 pm.
Adv. Vishal Phal i/b  Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Walawalkar a/w Adv. A. V. Diwate for respondent is present.
Partly heard final arguments of advocate for appellant.
Adjourned to 29.01.2020 for Arguments P/H.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv. Vishal Phad a/w Adv. Sunita Sonawane for appellant present.
Adv. Vikram Valawalkar a/w Adv. A. V. Diwate for respondent/BMC present.
As the Court is busy in other matters.
Adjourned to 26.02.2020 for Arguments P/H.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Vishal Phad a/w Adv. Sunita Sonawane for appellant present.
Adv. A. V. Diwate for respondent/BMC present.
As the court is busy in hearing arguments in Misc Appeal No.174/17 to 176/17, 20/18, 21/18, 74/18 and 75/18, adjourned to 11.03.2020 for further arguments of appellant.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Sunita Sonawane for appellant is present.
Adv. Vikram Walawalkar a/w Adv. A. V. Diwate for respondent present.
Advocate for appellant submits that father of her counsel has passed away, therefore counsel cannot attend the Court and seeks adjournment.
Adjourned to 30.03.2020 for Hearing of further arguments of appellant.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Business: adjourned
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 31.10.2020 for arguments (PH)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 03.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC present.
Appellant to remain present on next date positively, either physically or on video conference for hearing.
Adjourned to 15.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Ld. Counsel Mr. Bharat Choudhary a/w Adv. Vishal Phad i/b Adv. Sunita Sonawane for appellant present.
Adv. Vikram Walawalkar a/w Adv. A. V. Diwate for respondent/BMC present.
Heard both the sides.
F.R.S.R. Following order is passed.
ORDER
1. Misc Appeal No.03/19 is partly allowed.
2. Impugned order dated 7th December, 2018 passed by the Enquiry Officer is hereby set aside and the matter is remanded back to the Enquiry Officer, who will complete the inquiry in accordance with law and as per the directions herein above and pass appropriate order.
3. Needless to say that the Enquiry Officer shall not be influenced by the observations made herein above.
4. R and P be returned back to respondent.
Nature Of Disposal: ALLOWED
Disposal Date: 15-12-2020

Additional Case Details

Additional Case Details
Filing Number: 100105/2019
Filing Date: 03-01-2019
First Hearing Date: 05th January 2019
Decision Date: 15th December 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
15 Dec 2020

Order Details: Copy of Judgment Pdf Text: 1 Appeal 3.19 Received on : 03/01/2019 Registered on : 04/01/2019 Decided on : 15/12/2020 Duration : Y M D 01 11 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Misc. Appeal No.03 of 2019 K.B. Enterprises Pvt. Ltd. a company incorporated under the Companies Act,1956 having its address at B-112, Arjun Centre, Station Road, Govandi(E), Mumbai-88 ..Appellant V/s. 1) Municipal Corporation of Greater Mumbai, a Corporation constituted under the Bombay Municipal…

Read Full Order

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