Sheela Ramdhyan ChauhanVsMCGM +1 more

Date: 20-04-2019
Business: Advocate V.T.Dubey  for plaintiff present filed draft contempt notice of motion alongwith affidavit in support. Leave is granted to register Notice of Motion.
He filed draft Chamber Summons  alongwith affidavit in support. Leave is granted to register Chamber Summons.
Advocate Pratap Singh  for defendant no.2 present. Filed reply on NM no. 1547/19.
Advocate Ms.Tondawlakar for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 26.04.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Advocate V.T.Dubey for plaintiff present and filed contempt notice of motion no. 1683/19 along with affidavit and filed original Ch./s No. 898/19  along with affidavit. TOR.
TOR.
Advocate Pratap Singh for defendant present.
Advocate Ms.Chavan for defendant/MCGM present.
Heard advocate for both the parties also heard adv. Chavan for The Municipal Corporation of Gr. Mumbai.
Adv. Dubey requested for continuation of ad-interim relief. Adv. Pratap Singh for Deft. no.2 submitted that the suit premises is already demolished and no structure at all exists as on today.  Adv. Dubey submitted that the position seen in the photographs dated 10.04.2019 exists as it is.
Since the action of demolition is carried out by The Municipal Corporation of Gr. Mumbai and there is dispute to what extent the suit premises were demolished, adv. Chavan was called upon to submit as to what is the status of suit premises as on today or as on 10.04.2019.  She submitted that she has no instructions as the officer is on election duty.
Defendant The Municipal Corporation of Gr. Mumbai is directed to submit the copy of demolition report on next date.  It is made clear that the Court may hear the parties on N/M no. 1863/19 finally.
Copy of Contempt NM is served on the respondent.
Earlier order to continue till next date.
Authenticated copy of roznama be given to the parties.
The Case is adjd. To 02.05.2019  for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: None for Plaintiff.
Advocate Ms.Hajare h/f adv. Chavan for defendant/ MCGM present. On request of adv. Ms. Hajare, matter is adjourned.
Earlier order to continue till next date.
The Case is adjd. To 04.05.2019   for  NM hearing and compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Advocate V.T.Dubey for plaintiff present.
Adv. P.F.Singh for Defendant. no. 2 present.
Advocate Ms.Hajare for defendant no. 1/MCGM present and filed list of documents -Exh. 8. TOR.
Heard advocates for plaintiff and defendant no. 2 on NM no. 1547/19.  Adv. Singh tendered the authorities in support of his submissions. Adv. Dubey sought time to tender the authorities in support of his submissions. Likewise the Chamber Summons is also pending. Adv. Singh pointed out that the Chamber Summons is not yet served upon him. The Plaintiff shall serve the Chamber Summons on the defendant well in advance before next date. Defendant no. 2 shall also be ready with reply to Chamber Summons with advance service on the Plaintiff so that the Chamber Summons can be heard finally on next date. It is made clear that NM no. 1547/19 and Chamber Summons will be disposed off simultaneously.
Earlier order to continue till next date.
The Case is adjd. To 03.06.2019  for  Chamber Summons  for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Pratap Singh for defendant present.
Advocate Ms.Chavan h/f adv. Hajare for defendant/MCGM present.
KB
LO at 4.45pm
Same appearance.
Adv. Pratap Singh submitted the list of documents. TOR and marked as Exh. 9.   Copy served on advocate for Plaintiff.
Advocate Pratap Singh for defendant present and filed reply on Chamber Summons no. 898/19.
Advocate Ms.Chavan for Deft. No. 1/ MCGM filed reply on Chamber Summons no. 898/19
Heard on NM No. 1547/19.
Earlier order to continue till next date.
The case is adjourned to 10.06.2019 for Chamber Summons hearing and NM order.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
None for defendant.
Advocate Mr. Giri for defendant/MCGM present.
KB
LO at 5.35 pm
Advocate P.F.Singh for defendant present.
Earlier order to continue till next date.
The case is adjourned to 12.06.2019  for Chamber Summons hearing and NM order.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Advocate V.T.Dubey for plaintiff present and filed list of documents. TOR. Marked as Exh. 10. He submitted that the documents are already served on defendant no.2.
Advocate Pal for defendant no. 2 present and admits service of documents.
Advocate Mr.Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 14.06.2019   for NM Order and Ch.s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Mr. V.T.Dubey Plaintiff present.
Advocate Ms.Mhatre for defendant no.1 /MCGM present.
Advocate Pratap Singh  for defendant no. 2 present.
Heard adv. for Plaintiff and defendant no. 2
Earlier order to continue till next date.
The case is adjourned to 18.06.2019 for NM and Ch./s order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Pal for defendant present.
Advocate Ms. Mhatre for defendant /MCGM present.
F.R.S.R. following order is passed in Chamber Summons No.898/19
                                        ORDER
1. Chamber Summons No.898 of 2019 is made absolute in terms of prayer Clause (a).
2. The Plaintiff shall carry out the amendment within two weeks from today and shall serve the copy of amended plaint on both the defendants.
3. The plaintiff shall also supply a typed copy of amended plaint to this Court.
4. Defendants are at liberty to file additional written statement/ replies.
5. Costs in cause.
The case is adjourned to 19.06.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Advocate N.K.Dubey  for plaintiff present.
Advocate Pal for defendant  present.
Advocate Mr. Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 20.06.2019  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate P.F.Singh for defendant present.
Advocate Ms.Mhatre for defendant /MCGM present.
F.R.S.R. following order is passed in Notice of Motion 1547/19
                               ORDER
Notice of Motion 1547/19 is dismissed with costs.
The case is adjourned to 29.07.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: By preacipe
Advocate V.T.Dubey for plaintiff present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms.Mhatre for defendant no./1/MCGM present.
Adv. Pal h/f adv. P.F.Singh for defendant no.2 present.
Already adjd. to 29.07.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Court is on leave. Hence today board is discharged
Next Purpose: HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Advocate N.K.Dubey for plaintiff present.
Advocate Pal for defendant no.2 present.
Advocate Mr. Giri for defendant /MCGM present.
Leave is extended to register NM. Failure of plaintiff to get the motion registered by next date will result in its dismissal.
The case is adjourned to 23.08.2019 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: As Court is busy in hearing ad-interim matters and also  dictating orders in suit no. 2325/19, 2326/19 and in hearing NM in suit no. 2057/19, the case is adjourned.
The case is adjourned to 18.09.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present and filed original Notice of Motion No.3183/19       along with affidavit in support of Notice of Motion. T.O.R.
Advocate Pratap Singh for defendant no. 2 present and sought time to file reply. Time is granted.
Advocate Giri for defendant/MCGM present.
The case is adjourned to 19.10.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: None for plaintiff.
Advocate Ms.Mhatre for defendant no.1/MCGM present and sought time to file reply. Time is granted.
Advocate Pal for defendant no. 2 present and sought time. Time is granted.
The case is adjourned to 18.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Arun Dubey h/f V.T. Dubey for plaintiff, prayed for adj.
Adv. Pal for defendant no. 2.
Adv. Tondvalkar for defendant no. 1, submits that structure is already demolished.
Matter is adjd. for  to 11.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 10.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: National lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd. to 24/02/2021 for NM Reply/Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Mr. N.K. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Adv. Ms. Pal for defendant no.2 is present.
Matter is adjourned for NM reply to 28.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is vacant.Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM reply to 07.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv. Mr. V.T. Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Mr. Khandagale for defendant
No.1 /MCGM is present.
Adv. Mr. Pal for defendant No. 2 is present.
KB LO 4.14 pm.
Heard both the sides.
The advocate for the plaintiff is called upon to verify and report whether contempt NM would proceed simultaneously with the suit.
Adjourned for hearing on tenability of contempt motion/NM reply to 25.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: PO is on training. adj to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: P. O. is on Leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Mr. V. T. Dubey present for the plaintiff and orally requested  time for hearing on maintainability of contempt NM. Granted as a last chance.
Adv. Mr. Khandagale for defendant No. 1/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adv. Mr. Viraj Singh for defendant No. 2 and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for hearing on tenability of Contempt NM/NM reply to 23.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant No. 1/MCGM is present and requested for time to file NM reply. Time is granted.
None present for defendant No. 2.
Adjourned for hearing on tenability of contempt NM/NM reply and WS to 27.03.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to argue on contempt NM. Time is granted lastly.
Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
None present for defendant No. 2.
Adjourned for hearing on maintainability of Contempt NM hearing/NM reply and WS to 26.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Ms. Vijayarani h/f Adv. V. T. Dubey for plaintiff is present and requested for time to argue on contempt NM. Time is granted.
Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
Adv.  Viraj Singh for defendant No.2 is present.
Adjourned for hearing on Contempt NM to 01.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and orally requested for time to NM reply/WS. Time is granted.
None present for Defendant No.2.
Order below Exhibit 1:
01.     Even today, the plaintiff is absent for hearing on Contempt NM No. 1683/2019. On perusal of this NM, it seems that it is filed as per Order XXXIX Rule 2-A of the C.P.C. for punishing defendant No.2 with civil imprisonment for term of 06 months, as he willfully committed breach of the Court Order of dtd. 10.04.2019. It is, thus, clear that in view of suit reliefs, this Contempt NM can not be ‘tried together’ in view of the ratio laid in Rampyaribai Sukhdeo Daga V. Niladevo Narayandas Jakhotiya, 2007 (4) Mh.L.J.213. In the result, without recording any finding on the merits, the Contempt NM No. 1683/2019 is disposed of as \''not triable\'', along-with the suit. The plaintiff is placed at liberty to file separate Miscellaneous Judicial Case about the alleged Contempt, if she so desires.
Adjourned for NM reply/WS to 08.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Shailesh Pal for defendant No. 2 is present and informed that NM reply is filed by defendant No.2. He is called upon to verify the record. On his say, the matter is KB.
LO 4.05 p.m.
None present for defendant No.2. Rest appearance is as above.
Advocate for defendant No.1/MCGM is present and requested time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS by defendant No.1 to 20.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and requested time to file NM reply/WS. Time is granted.
Adv. Mr. Shailesh Pal for defendant No. 2 is present.
Adjourned for NM reply/WS by defendant No.1 to 11.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O.Giri for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted.
None present for defendant No.2.
Adjourned for NM reply/WS to 12.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adv. Mr. Viraj Singh for defendant No. 2 is present.
Adjourned for NM reply/WS  by defendant No.1 to 03.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted strictly as last chance. Adv. Mr. Viraj Singh for defendant No. 2 is present.
Adjourned for NM reply/WS by defendant No.1 to 28.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted. Adv. Mrs. Luman h/f Adv. Mr. Pratap Singh for defendant No. 2 is present.
Adjourned for NM reply/WS by defendant No.1 to 23.10.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted. None present for defendant No.2.
Adjourned for NM reply/WS by defendant No.1 to 11.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant No.1/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adv. Mr. Viraj Singh for defendant No. 2 is present.
Adjourned for NM reply/WS by defendant No.1 to 07.02.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: Adv. Mr. Fawaz for the plaintiff is present.
Adv. Mr. Botlawar for defendant/MCGM is present and sought time to file NM reply and WS.
Adv. Viraj Singh for defendant No 2.
Adjourned for NM reply/WS to 09.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: None present for plaintiff.
Adv. Mr. Botlawar a/w Mr. V. G. Shinde for defendant/BMC is present and sought time to file NM reply and WS. Time is granted.
Adjourned for  NM reply/WS to 30.06.2025.
Next Purpose: REPLY
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 10.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file NM reply. Time is granted lastly. Adv. Mr. Pratap Singh for defendant No. 2 is present and sought time to file NM reply. Time is granted lastly.
Adjourned for NM reply to 12.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 21.01.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted.
Adjourned for NM reply to 30.03.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/ BMC is present and seeks time to file NM reply. Time is granted.
Adjourned for NM reply to 24.06.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: As per officer order No. 219 of 2026 dtd. 21.07.2026. PO is on training at Uttan. Hence, board is discharged.
Matter adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/103183/2019
NOTICE OF MOTION/101683/2019
CHAMBER SUMMONS/100898/2019

Filing Number: 100545/2019
Filing Date: 14-01-2019
First Hearing Date: 20th April 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE