M/s. New Farsan Mart +1 moreVsMCGM +2 more

Date: 18-01-2019
Business: Resumed.
Mentioned by pracipee.
Adv.  Priya Rombade for plaintiff tendered draft NM along with affidavit seeking ad-interim relief for restraining the defendants from obstructing the plaintiff from carrying on the business and from canceling the health licese. Leave to register is granted.  Adv. Pradip Patil h/f Adv. Dhumale for MCGM is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Ld. Adv. For plaintiff submits that the defendant corporation is threatening to  health license.  According to her the show cause notice 26.12.2018 has been issued by the corporation calling upon the plaintiff to explain why the license should not be cancel in furtherance of the order passed in w.p. no. 3043 of 2017.  According to her the plaintiff filed reply on 28.12.2018/.  Thereafter, further order has not been passed.  The plaintiff has not placed on record copy of order passed in w.p. no. 3043 of 2017.  The plaintiff is directed to place the same on record and also intimate the defendant  to remain present tomorrow with reply.
Adjd for reply and arguments on ad-interim reliefs to 19.01.2019.
Next Purpose: REPLY
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Business: Resumed.
Adv.  Priya Rombade for plaintiff and Adv. Dhumale for MCGM are present.
Adv. Rombade filed additional affidavit and compilation of documents on behalf of plaintiff.  O- R and R.
Adv Dhumale submitted compilation of documents.  Ld. Adv. For plaintiff submits that notice could not be served on def. no. 3 as she is not residing at the given address.
Heard, respective advocate.  The ld. Adv. For plaintiff submits that the health license is standing in the name of Mr. Jagdish Vayda the husband of def. no. 3 and one Mr. Mathuradas Karsandas Joshi.  She further submits that the business is run at two premises.  She further submits that the defendant issued notice dtd. 26.12.2018,  to show cause as to why the health license no. 761424267 should not be canceled by the health department as upon inspection on 26.12.2018, some other persons were found carrying on manufacturing and sale of farsan, sweet meat, Samosa and serving to the customer etc.
     The ld. Adv. for defendant submits that as per the orders dtd. 21.12.2018, passed by the Hon\''ble High Court   (Coram - Ranjit More and Revati Mohite Dere, JJ.) in W.P. No. 3043/2017 which was filed by the def. no. 3 for cancellation of the aforesaid health license no.  761424267, the defendant corporation issued the aforesaid show cause notice.  In the said order the Hon\''ble High Court has held that the medical officer of health C ward fail in its duty to consider request of petitioner for cancellation of the aforesaid license given to her husband.  It was further directed to the M.O. of health to decide the representation made by the petitioner for cancellation of the health license of her husband and pass appropriate orders as expeditiously as possible within one week from the date of order.  He further submits that though the reply was filed by the plaintiffs, the person in whose name the aforesaid license has been issued is not occupying the premises and filing the reply and coming before this Court.  He further submits that the defe. no. 3 was requested to file an on line application for cancellation of the license.  Lastly he submits that the license is not canceled.
Considering the aforesaid submissions and on perusal of the aforesaid order dtd. 21.12.2018 and copies of documents filed by the respective parties on record it prima facie appears that the plaintiff firm/ its partners whose names are given in the authority letter at page no. 64 of the additional affidavit dtd. 19.01.2019 have no nexus with the aforesaid health license no. 761424267. Therefore, the ad-interim relief sought by them for restraining the defendant  corporation from canceling the health license cannot be considered.
  In the circumstances the following order is passed -
1.   Ad-interim relief is rejected.
2.  Issue suit summons for settlement of issues to the defendant nos. 1 and 2 r/o 01.03.2019.
3.  Plaintiff to get the NM registered within a period of two weeks from today.
An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Adjd for reply to NM to 01.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Adv. Ankit Warlikar for plaintiff present and tendered original notice of motion no. 408 of 2019 alongwith affidavit. He also filed writ of service of summons.
As court busy in hearing notice of motion arguments in suit no. 3004/15, 458/16, 459/16 and St. no 525/19. Hence board is discharged.
Matter adjd. to 26.4.19 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv.Ms.Nipa Ghosh for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Matter adjd to 30.04.2019 for NM reply and argument.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Adv.Aniket for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Matter adjd to 29.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: Adv.Mr.Aniket Waralikar for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Adv.of BMC filed reply t.o.r.
Copy served to otherside.
Matter adjd to 25.07.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. Aniket Worlikar for plaintiff present.
Adv.Mrs. Rawade for defendant/MCGM present.
Matter adjd to 19.09.2019 for NM arguments
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Adv. for defendant/MCGM present.
As Court is busy in hearing arguments in suit nos.585/2012, 2456/19 and 3867/2007, recording evidence in Suit no.625/2010, passing orders and other misc. work hence,  board is discharged.
Matter adjd to 17/10/2019 for hrg. On n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Plaintiff and Adv. absent.
Adv. Mrs. Meena Dhuri for defendant / MCGM present.
Matter is adjd to 21.11.2019 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work hence, board is discharged.
Matter adjd to 18/01/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Ms. Priya Rombade  for plaintiff present
Adv. Mrs. Rawade for defendant MCGM Present
Mater is adjd to 03.03.2020 for reply on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Mr. Saurabh Nikalje for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 07/04/2020 for hrg.on nm .
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 29.05.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Business: None present for plaintiff.
Adv Jyoti Mhatre for MCGM/defendant present.
Matter adjourned for NM hearing to 10.08.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv Priya Rambale present for plaintiff.
None present for defendant.
Adv of plaintiff argue on NM No.408/19.
Adv of defendant no.1 to 3 are absent when called repeatedly up till now.
Matter adjourned for arguments of defendant no.1 to 3 to 17.12.2020.
LO at 12.05 pm.
Adv Smt.Rawade present for MCGM/defendant.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Adv Priya Rombade present for plaintiff.
Adv Rawade present for MCGM/defendant.
Defendant no.2 and 3 absent.
Adv of MCGM sought adjournment.
Matter adjourned for NM arguments to 14.01.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv Tanvi Parmar present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of defendant sought adjournment.
Matter adjourned for NM arguments to 21.01.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Court is on CSIC Training.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv Parmar present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of defendant sought adjournment.
Matter adjourned for NM arguments to 09.02.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM arguments part heard to 16.03.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Shreya Vedmane present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant.
Concern BMC advocate not present today.
Matter adjourned for NM arguments P.H. to 23.03.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv. Priya Rambale present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Adv of plaintiff is present for arguments. Considering record plaintiff is requested to submit original and dated photographs of notice structure u/s 165 of the evidence act. Plaintiff is also asked to submit written notes of arguments datewise by including observations of Hon\''ble High Court pertaining to this dispute, datewise.
Court is busy in High Court Time bound matter in Suit Stamp No.1696/2021.
Matter adjourned for NM arguments P.H. to 30.03.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Tanvi Parmar present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Adv of plaintiff filed written arguments.
Matter adjourned for BMC arguments to 15.04.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: As presiding officer is on leave today hence matter is adjourn to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv. Priya present for plaintiff.
Adv. absent for MCGM/defendant.
As adv. for MCGM absent, Matter adjourned for NM arg. to. 02/09/21.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Presiding Officer is on leave, Hence matter is adjourned to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv. Aditi present for plaintiff and sought adjournment.
Adv. Bibhishan Sutar  present for MCGM/defendant.
Matter adjourned for nm arg. to. 26/10/21.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for plaintiff.
Adv. Vidya Vyavahare @ Adv. Sutar present  for MCGM/defendant.
As plaintiff is absent.
Matter adjourned for NM hearing/NM-Dismissal order on 16-12-2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv.  Priya present for plaintiff.
Adv. Vyavhare@ Adv. Sutar  for MCGM/Defendant.
None present for def. no. 3
kb
Heard Ld. Adv. for plaintiff and Ld. adv. for defendant no. 1 and 2 on Nm no. 408/19
Matter adjourned for Order on 408/19 on 06-01-2022.
Next Purpose: ORDER
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Aditi Motwani present for plaintiff.
Adv. Sutar present for MCGM/defendant.
As court is busy in hearing arguments on NM no. 1121/12 in suit no. 1062/12, on nm no. 4773/19 in suit no. 556/11 and on nm no. 3202/17 in suit no. 1339/17. Hence, Matter adjourned for order to 17/01/22.
Next Purpose: ORDER
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: None present for plaintiff.
None present for MCGM/defendant.
F.R.S.R. the following order is passed on NM No. 408/2019.
                                 ORDER
1)  The Notice of Motion No. 408/2019 is hereby dismissed.
2)  The Notice of Motion No. 408/2019 is disposed of accordingly.
Authenticated copy of today\\\''s roznama be given to the parties if requested.
Matter adjourned for no WS order to 09/03/22.
Next Purpose: ORDER
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: ORDER
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Defendant failed to file W/S on record hence, suit to proceed without  W/S.
Matter is adjd for hearing on 18-08-2022
Next Purpose: HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Court is busy in High Court Time Bound Matters i.e. Suit No. 216/2012 and Suit. No. 285/2020 hence want of time board is discharged.
Next Purpose: HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff is directed to appear and lead evidence on next without fail.
Matter is adjd for RE on 05-01-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for RE on 06-04-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: As P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Gargi h/f Deven Dwarkadas and partners for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 16.09.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Adv. Gargi i/b Deven Dwarkadas and Partners for Plaintiff present.
None for defendant/MCGM.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 01.11.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: Adv. Gargi i/b. Deven Drwarkadas and partners for plaintiff.
Adv. Patil for defendant/BMC present.
On the request of the adv. for the plaintiff, matter is adjd.
Matter is adjd. to 05/01/2024  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Adv. Tanvi Choudhary for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 12.03.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Gargi i/b Deven Dwarkadas and Partners for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 25.06.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: None for plaintiff.
Adv. Om Suryawanshi for Defendant/MCGM present.
Matter is adjd  to 03.08.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: None for Plaintiff.
Adv. Dalvi for Defendant/MCGM.
Draft issued filed. on the plaintiff through intern.
Matter is adjd  to  03-10-2024   for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Adv. Tanvi Parmar for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
The P.O. is busy in recording evidence in Suit No. 1872/13. Hence, adjourned.
Matter is adjd to 03.12.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to  11.02.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2025

Date: 11-02-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 27.03.2025 for framing issues.
Later on at 11.45 a.m. Adv. Jagruti Bhave for Plaintiff present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: Adv. Aamir Dhariwala i/b Deven Dwarkadas and Partners for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 05.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Adv. Jagruti Bhave i/b Deven Dwarkadas and Partners for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Exh. 6- Issues are framed.
Matter is adjd to 02.08.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: Adv. Aamir Dhariwala for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to  18.09.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd  to 02.12.2025 for evidence.
Later on at 11.30 a.m. Adv. Aamir Dhariwala i/b Deven Dwarkadas and Partners for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: Adv. Dhananjay Rao i/b Deven Dwarkadas and Partners for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 10.02.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 09.04.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: Adv. Aamit Dhariwala i/b Deven Dwarkadas and Partners for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 09.07.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 22.09.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2026

NOTICE OF MOTION/100408/2019

Filing Number: 100598/2019
Filing Date: 15-01-2019
First Hearing Date: 18th January 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE