Date: 16-01-2020
Business: By Precipe.
Adv. Mr. Ansari for Plaintiff, tendered draft NM along-with affidavit
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply r/o.17.01.2020.
Exh.2- List of documents filed by adv. Mhatre for deft./MCGM.
Matter is adjd.for NM reply on 17.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Mr. Ansari for Plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Exh.2- List of document filed by deft./MCGM.
Exh.3- Reply submitted by deft., copy supplied to plff.
Now it is 5.35p.m., hence adjd on 18.01.2020.
Matter is adjd.for ad-interim hearing on 18.01.2020.
Next Purpose: HEARING
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. Mr. Ansari for Plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Heard arguments of both side on ad-interim.
F.R.S.R. following order is passed on ad-interim.
ORDER
1. Ad-interim injunction is granted as prayed.
2. Deft shall not obtain coercive action in respect of notice dtd. 27.12.2019 till further order of this court.
3. Plff. to submit detail proposal within 10 days.
4. MCGM is at liberty to recover required charges and default fees from the erection of the tower.
5. Upon compliance of all formalities, MCGM is at liberty to issue permission or regularization.
6. In default, to comply all formalities or if no structural stability is there, etc. MCGM is at liberty to proceed for appropriate order.
7. Next date for hearing before this court is given 05.03.2020.
Authenticated copy be given by both side.
Matter is adjd.for NM hearing on 05.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Ansari for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 13.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. for plaintiff absent.
Adv. Mrs. Mhatre for deft./MCGM present, requested for time to verify about application submitted by plff.
Mr. Ramesh Yerzare, C.A of Plff is present, submits that online application was submitted in last week of February.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 28.03.2020 at
11.30 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: None for plff.
Adv. Ms. Mhatre for deft./MCGM, submits that online application submitted by plff stands rejected by the MCGM. Accordingly documents are filed, marked Exh.4.
Ld. Adv. Mhatre submits to vacate EOC as interim protection was granted by this Court as per order dated 18/01/2020.
Plff to note, in default to argue on next date, the court may proceed for further order.
Matter is adjd. for n/m hearing to 26.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: None for plff.
Adv. Mrs. Mhatre for deft./MCGM, submits that despite intimation on last roznama, plff is failed to argue.
Matter be shown on daily board for argument on 02.11.2020.
Plff to argue on next date, in default the court may vacate EOC.
Matter is adjd. for NM hearing on 02.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: None for plff.
Adv. Ms. Mhatre for deft./MCGM submits that online application is rejected by the MCGM on 01.04.2020.
Despite specific intimation in last two roznama, plff is absent and failed to argue. Plff has collected the NM for registration on 12.01.2020. however, original is not tendered after registration.
Plff to submit original NM and argue positively on next date.
Matter is adjd. to 09.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: None for plaintiff.
Adv. Ms. Mhatre h/f Adv. Ms. Hajare for deft./MCGM present.
Plaintiff to note last three roznama. It appear disinterest of plaintiff. In default to argue on next date. Court may dismiss the NM.
LO
Adv. Ansari for plaintiff present and filed registered NM No. 375/20.
Copy of Exh. 4 is supplied to the plaintiff.
Matter is adjd. to 09-12-2020 for NM argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. Ansari for plaintiff, prayed for adjournment to seek instruction from architect.
Adv. Mhatre for deft./MCGM submits that online application of Plaintiff is already rejected with two weeks time.
Next date 16-12-2020 is given at the request of Adv. Ansari. Plaintiff to argue positively on next date.
Matter is adjd.to 16-12-2020 for arguments.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 03-02-2021 for NM arguments
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 23.02.21.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar h/f Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 23.04.21.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Due to Surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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.
Adjourned for NM hearing to 16.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file additional reply. Granted
Adjourned for additional reply/NM hearing/to 24.06.2022.
Next Purpose: REPLY
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Mr. Jyoti Mishra h/f Adv. Kalim Ansari for plaintiff is present.
Adv. Mr. Khandagale for defendant Nos.1 and 2/MCGM is present.
None present for defendant No. 3.
Adjourned for NM hearing to 26.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Ms. Nikita Kamble h/f Adv. Ansari for the plaintiff is present and orally requested for time to argue NM. Granted lastly.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
None present for defendant No. 3.
The plaintiff is called upon to file service affidavit as regards defendant No. 3.
Adjourned for service affidavit/NM hearing to 02.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Ansari for the plaintiff is present.
Adv. Khandagale for defendant Nos. 1 and 2/MCGM is present.
None present for defendant No. 3.
The record shows that due service of pleadings on defendant No. 3 in view of the service affidavit filed by the plaintiff. However, she is absent. Hence, the suit is proceeded exparte against deftd. No. 3.
Adjourned for NM hearing to 09.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant Nos. 1 and 2/MCGM is present and filed additional reply along-with list of documents in NM No. 375/2020. He is called upon to supply copy to the plaintiff.
None present for defendant No. 3.
LO at 03:32 pm.
Adv. Mr. Ansari for the plaintiff is present. He is supplied with the copies of additional reply and list of documents.
Adjourned for NM hearing/compliance to 08.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Mr. Ansari for the plaintiff is present and requested time for NM hearing. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 12.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 02.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present.
Rest of the defendants are absent.
Adjourned for NM hearing to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present. Rest of the defendants are absent.
Adjourned for NM dismissal to 29.11.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Adv. Mr. Ansari for the plaintiff is present. On his request, the caption is changed. He sought time to file submissions on NM.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present. Rest of the defendants are absent.
Adjourned for written submissions on NM to 24.01.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present.
Rest of the defendants are absent.
Adjourned for written submissions on NM to 01.04.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present.
Rest of the defendants are absent.
Adjourned for written submissions on NM to 29.06.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant Nos. 1 and 2/MCGM is present and requested time to file written submissions on NM. Time is granted. Rest of the defendants are absent.
Adjourned for written submissions on NM by defendant to 19.08.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: None present for the plaintiff to proceed with the NM. Hence, NM posted for dismissal. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant Nos. 1 and 2/MCGM is present.
Adjourned for NM dismissal to 21.12.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2024
Date: 21-12-2024
Business: Adv. Mr. Ansari for the plaintiff is present and requested time to file written submissions on NM. Granted. Adv. Mrs. S.R. Charatkar h/f Adv. Mr. Botlawar for defendant Nos. 1 and 2/MCGM is present.
Adjourned for written submissions on NM to 21.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2025
Date: 21-02-2025
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant/BMC is present. Today matter is listed for written submissions by plaintiff on NM. Hence, matter is adjourned for dismissal of NM.
Adjourned for NM dismissal to 05.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-04-2025
Date: 05-04-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/ BMC is present. Today matter is listed for dismissal of NM but none present for the plaintiff. Hence, NM No. 375/2020 dismissed for want of prosecution.
Adjourned for WS to 09.06.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: None present for the plaintiff. Adv. Mr. Boltawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and filed to file WS within stipulated time. Hence, suit to proceed without WS.
Adjourned for RE plaintiff (No WS) to 18.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2025
Date: 18-07-2025
Business: None present for the plaintiff to proceed with the suit. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for dismissal to 20.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: court is on leave, hence adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Judgment in SU No. 1662/2022.
Adjourned for dismissal to 20.12.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: P.O. is on leave. Hence adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM: H.H.J. SHRI. R. K. DESHPANDE (C.R. NO.11)
CA of the plaintiff Mr. Ramesh Yarzal present.
Adv. Mr. Botlawar for defendant/BMC is present.
KB LO at 1:10 pm
Advocate Ansari for plaintiff present and filed applcation for change of caption marked as Exh. 5. O-Permission granted.
Exh. 6 Advocate for plaintiff also tendered evidence affidavit. Examination-in-chief is completed and deferred for cross examination.
Exh. 7 List of documents filed by advocate for plaintiff.O-Other side to say.
Copy supplied to other side.
Adjourned for admission/denial/evidence to 10-04-2026
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for admission denial to 19.06.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for admission denial to 18.07.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present and seeks time for admission denial. Time is granted.
Adjourned for admission denial to 28.08.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: None present for the plaintiff.
Adv. Mrs. B.R. Bisen for defendant/BMC is present.
Since last 10 dates plaintiff and his advocate remain absent, steps not taken for evidence and production of documents. Hence, kept for no evidence order.
Adjourned for RE to 30.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2026