Bhaskar Chandrakant Padman +6 moreVsMCGM +1 more

Date: 11-01-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Advocate Mr. Yadav h/f Adv. B. P. Shukla for Plaintiff present and filed reply to NM No.4387/18, t.o.r.
Advocate Mr. Pratap Singh for Defendant present
Advocate Ms. Manda Loke for BMC/Deft present.
Heard BMC advocate in respect NM who has submitted that, structural audit report of suit property submitted by tenants was considered in the TAC meeting dated 07/09/2018 and in said meeting TAC concluded that suit premises/suit property is categorized as C-1 category.  While referring the order dated 08/08/2018 passed by my learned Predecessor, Defendant\''s advocate argued that said order came to be passed because court has observed that structural report of tenant was not considered by TAC, however in view of TAC meeting dated 07/09/2018 according to Defendant\''s advocate, the order dated 08/08/2018 passed by the Learned Predecessor of this Court is needs to be varied or set aside as provided by order 39 rule 4 of CPC. Defendant\''s advocate also argued that this Court can not seat into appeal against the report of TAC, hence NM filed by Defendant is necessary to be made absolute.
Learned advocate for Plaintiff started his argument and submitted that, this Court can not seat into appeal against the order passed by this Court or Predecessor of this Court on 08/08/2018 in the NM filed by Plaintiff.  He also argued that he will satisfy the Court that structural audit report of tenants was not considered by TAC and therefore matter may be adjourned.  Considering submissions, case is adjourned to 23/01/2019 for Plaintiff\''s reply to the arguments by advocate for BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present.
Advocate Ms. Manda Loke for BMC/Deft present.
Advocate Mr. Pratap Singh for Defendant no.2 present.
Heard.  Learned advocate for Plaintiff submitted that, in order passed by the Court on 08/08/2018 this Court has not directed BMC to again refer the report of structural audit of suit premises made by Plaintiff\''s structural auditor to TAC however, sou moto TAC has passed order dated 17/09/2018, hence said TAC order is against the injunction order passed by the Court, therefore advocate Mr. Shukla for Plaintiff submitted that, NM taken out by BMC is necessary to be dismissed.
Advocate Ms. Loke for BMC and Advocate Mr. Pratap Singh for Defendant no.2 submitted that, after injunction order passed by the Court Plaintiff approach BMC for referring the structural audit report of tenant/plaintiff to TAC hence order dated 17/09/2018 is passed by TAC and on the basis of said order NM taken out by BMC is necessary to be made absolute.
Case is adjourned to 04/02/2019 for Order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Advocate for Plaintiff present.
Advocate Ms. Manda Loke for BMC/Deft present.
Advocate Mr. Pal for Defendant no.2 present.
Court is busy in dictating order in suit(st) no.1777/19 and Court has to pass order on Chamber Summons in suit no.6956/2003, hence case is adjourned to 04/03/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Plaintiff with advocate Mr. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
Advocate Mr. Pal for Defendant no.2 present
Advocate Ms. Manda Loke for BMC/Deft present and submitted that, copies of Chamber Summons and documents are not supplied by Plaintiff to Defendant/BMC as directed by the court.
Learned advocate for Plaintiff submitted that, he will serve those copies on Defendants advocate.
Case is adjourned to 15/03/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Advocate Mr. Yadav h/f Adv. Shukla for Plaintiff present.
Advocate Ms. Manda Loke for BMC/Deft present.
Advocate Mr. Pal for Defendant no.2.
F.R.S.R. following order has passed -
                               ORDER
N/m No.4387/2018 is dismissed/disposed off.
Case is adjourned to 09/04/2019 for reply of NM no.156/19 and reply of Chamber Summons nos.49/19 and 241/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Ms. Hajare for MCGM/Deft present.
As court is busy in hearing Suit no. 2310/17 and St. No. 545/19 and suit no. 337/14 hence board is discharged.
Adjd. To 03.05.2019 for NM reply.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Advocate Mr. Yadav h/f adv. B.P.Shukla  for plaintiff present.
Advocate Mr. P.F.Singh for defendant no. 2 present.
Advocate Ms. Manda Loke for defendant no. 1/MCGM present and submitted that copies of plaint and ch/s are not served upon her.
Adv. Yadav tendered copy of plaint to adv. Ms. Loke.
Adv. Yadav undertakes to file affidavit of service of Chamber Summons on defendant Corporation as well as Defendant no. 2.
Earlier order to continue till next date.
The Case is adjd. To 12.07.2019   for  Chamber Summons reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Advocate Mr. Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Mr. P.F.Singh for defendant no. 2 present. Advocate Ms. Manda Loke for defendant no. 1/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 19.07.2019  for Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and filed original Chamber Summons No.49/19 and 241/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate Ms. Manda Loke for defendant no.1 /MCGM present and filed reply to ch/s no.241/19. TOR.
Copy given to other side.
Adv. Pratap Singh for defendant no.2 present.
Adv. Yadav served copies of ch/s on advocates for both defendants.
KB for Chamber Summons order
LO at 5.20 pm,
F.R.S.R. following order is passed in Chamber Summons no. 241/19
                               ORDER
1. Chamber Summons no. 241/19 is allowed in terms of prayer clause (a).
2.  Plaintiff shall carry out the amendment in the plaint on or before next date.
3.  The plaintiff shall thereafter serve on the defendants the copy of amended plaint and shall also supply to the Court a copy thereof.
4.  Defendants are at liberty to file additional Written Statement.
5. Costs in cause.
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F.R.S.R. following order is passed in Chamber Summons no. 49/19
                               ORDER
1. Chamber Summons no. 49/19 is made absolute in terms of prayer clause (a).
2.  Plaintiff shall carry out the amendment in the plaint on or before next date.
3.  The plaintiff shall thereafter serve on the defendants the copy of amended plaint and shall also supply to the Court a copy thereof.
4. Costs in cause.
Earlier order to continue till next date.
The case is adjourned to 24.07.2019  for compliance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Yadav h/f adv. B.P.Shukla for plaintiff present. Advocate Ms. Loke for defendant No. 1/MCGM present. Advocate Mr. Pratap Singh for defendant no.2 present. Adv. Yadav submitted that amendment could not be carried out since extension could not be sought on last date as the Court was on leave. Time to carry out the amendment is extended till next date. The case is adjourned to 08.08.2019 for compliance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms. Manda Loke for defendant no.1/MCGM present.
Adv. Pal h/f adv. P.F.Singh for defendant no. 2 present.
Copy of amended plaint and draft Notice of motion are given to advocate for defendant no.1 and 2.
The case is adjourned to 22.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Manda Loke  for defendant/MCGM present and submits additional affidavit in reply. TOR. She also submitted additional Written Statement TOR and marked as Exh. 6A.
Exh. 6A -Additional Written Statement
Advocate Mr.Pal for defendant no.2 present and sought time to file reply and he undertakes to serve the copy of reply on plaintiff well in advance of next date. Time is granted.
Copies of additional Written Statement and reply are served on parties to suit.
Parties are put to notice that NM will be heard on next date.
The case is adjourned to 29.08.2019 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As Court is busy in hearing ad-interim matters in ST No. 9431/19, Suit no. 2363/19 and also in hearing NM in Suit no. 598/16, 850/13 and ch/s hearing in suit no.825/18. The Court is also busy in dictating orders in suit no. 2363/19. The case is adjourned.
The case is adjourned to 05.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Manda Loke for defendant no. 1/MCGM present.
Advocate Pal h/f adv. P.F.Singh for defendant no. 2 present and submits that defendant no.2 is adopting the reply filed by defendant no.1.
The case is adjourned to 19.09.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and seeks extension of leave to register draft NM. Leave is extended till next date as last opportunity. Failure of plaintiff to get the NM registered by next date will result in its disposal without reference to the Court.
Advocate Ms. Manda Loke for defendant/MCGM present.
Advocate Pal for defendant no.2 present and not pressed NM No. 156/19. Hence it is disposed of as not pressed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-09-2019

Main Case No: SUIT/0101979/2018
Main Cnr: MHCC010097352018
Main Filing No: 111447

Filing Number: 100506/2019
Filing Date: 11-01-2019
First Hearing Date: 11th January 2019
Decision Date: 19th September 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE