Date: 16-01-2020
Business: Adv. S.K.Dubey for plaintiff present and filed draft NM along with affidavit in support. Leave to register the NM is granted. Copy be served to other side.
Adv. Ms. Patil for MCGM/Defendant present.
Parties to maintain status quo till next date.
Matter adjd to 21.01.2020 for further argument in ad-interim relief.
Authenticated copies be given to the both parties.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 27.02.2020 for ad-interim argument P.H. .
L.O. at 3.15pm
Adv. S.K. Dubye for plaintiff present and tendered original NM 345/2020.
Heard both sides. plaintiffs advocate have no objection for inspection by the consern officer in the notice premises.
Plaintiff No.2 is present he has no objection.
Both plaintiffs are directed to cooperate the concern officer for inspection purpose only notice premises.
Earlier order, if any, to continue till next date.
Matter adjd to 27.02.2020 Ad-interim heairng.
Next Purpose: HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv.S.K.Dubey for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Matter adjd to 12.03.2020 for further ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv.Dubey for plaintiff present.
Adv.D.B.Shukla for applicant present and tendered V/P it is marked at Exh-2. and also tendered draft Ch/s along with affidavit in support. Leave to register is granted for Chamber Summons. Copy is served to both side.
Adv. Ms. Patil for MCGM/Defendant present and tendered compilation of documents in NM,marked at Exh-3.Copy is served to plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd to 07.04.2020 for Ad-interim hearing reply to ch/s filed by applicant.
Next Purpose: HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plaintiff.
Adv. Khandagale h/f Adv. Ms. Smita Chavan for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 09/02/2021 for Ad-interim hearing and Ch/s Reply.
Next Purpose: HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Ms. Smita Chavan for deft/MCGM present.
None for applicant.
On oral request of advocate for plaintiff to file reply to draft Ch/s, time is granted till next date.
Applicant is directed to register the Ch/s till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 30/03/2021 for Ad-interim Hearing and Ch/s Reply.
Later On. At 03.00 pm.
Adv. Deepika Malu for applicant present.
Matter is already adjd to 30/03/2021 for Ad-interim Hearing and Ch/s Reply.
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mukesh Dubey for plaintiff present.
Adv. Smt. Chavan for deft/MCGM present.
Adv Mr. M.H. Shaikh for applicant present and tendered original ch/s No.444/2021 @ affidavit in support- TOR
Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021 for Ad-interim hrg / ch/s reply
Next Purpose: HEARING
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to covid-19.
Next Purpose: HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
Adv M.S. Shaikh for applicant present.
On oral request of advocate for plaintiff to file reply to Ch/s and to argue on Ad-interim reliefs, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 02/09/2021 for ch/s reply / ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present and filed reply on Ch/s No.444/2021. Copy is supplied to the advocate for defendant / MCGM.
Adv Mrs Rawade for defendant / MCGM present.
Adv M.S. Singh for applicant present.
On oral request of advocate of applicant, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Rawade for defendant / MCGM present.
Adv V.B. Shukla for applicant present.
Heard both sides on Ch/s No.444/2021.
Earlier order, if any, to continue till next date.
Adjd. To 17/09/2021 for order on Ch/s No.444/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Rawade for defendant / MCGM present.
F.R.S.R. Following order is passed on Ch/s No.444/2021-
ORDER
1. Chamber Summons No.444 of 2021 in Suit No.186 of 2020 stands rejected in terms of prayer clause (a) and (b) being devoid of merit.
2. Chamber Summons No.444 of 2021 in Suit No.186 of 2020 is disposed of accordingly.
Earlier order, if any, to continue till next date.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 12/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 23/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 08/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present and requests for time file reply to NM.
Earlier order, if any, to continue till next date.
Adjd. To 05/05/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.5253/2012 and 2435/2013, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 05/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 11/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Rakesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present present and requested time as matter is pertains to N-ward. Hence, time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and tendered reply to N/M and list of document, TOR. List of documents is marked as Exh.4. Copies are supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 17/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Adv. V. T. Dubey for plaintiff present and requested time to argue on N/M.
Adv. Mrs. Rawade for defendant/ BMC is present and opposed for adjournment. However, today is the first date of the argument. Hence, adjourned.
Mr. Vaibhav Maskare, N-ward, BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 31/01/2023 at 12.30 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv. Mukesh Dubey for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy is supplied to other side.
Adv. Mrs. Rawade for defendant/ BMC is present and has given say on draft Ch/S overleaf.
Heard both sides on draft Ch/S.
Following order is passed on draft Ch/S-
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. It is contended that The corporation has filed reply to N/M on 08/12/2022 in which there is reference of issuance of notice u/S 314 of MMC Act. The plaintiff is seeking permission to amend the plaint by incorporating contentions about the issuance of notice u/S 314 which is a subsequent event.
2. Adv. for defendant/ corporation opposed Ch/S contending that the notice was issued on 24/01/2020 and it was filed by the defendant/ corporation along with reply to ad-interim filed by the corporation in March 2020. It is further stated that plaintiff is aware of notice and failed to take steps at the earliest and taking disadvantage of status que he is prolonging hearing of N/M. Hence, corporation prayed for rejection of Ch/S.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of the issuance of notice u/S 314 dated 24/01/2020. The corporation opposed Ch/S contending that plaintiff was having knowledge of said notice in March, 2020 when corporation filed reply to ad-interim relief. However, mere delay in taking Ch/S for amendment is no ground to reject Ch/S for amendment. By the way of proposed amendment plaintiff is seeking permission to add prayer clause and thereby challenging notice u/S 314 of MMC Act. The one of the object of amendment is to avoid the multiplicity of the proceedings. If the proposed amendment was rejected there would be the multiplicity proceedings. Therefore, considering facts of the case the proposed amendment appears to be just and necessary for the complete and effective adjudication of the parties and it will avoid the multiplicity of the proceedings.
5. It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the nature of the Suit is not likely to be changed as result of the amendment. In this case the Suit is at pretrial stage. The proposed amendment is just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Draft Ch/S is allowed in terms of prayer clauses (a) and (b).
2. Plaintiff to carry out necessary amendment till next date.
3. Copy of amended plaint be served upon other side.
4. Draft Ch/S stands disposed of accordingly and be registered for statistical purpose.
Earlier order, if any, to continue till next date.
Adjd. to 07/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
K.B.
L.O.
Plaintiff No.2 present.
Mr. Vaibhav Dattatrey Maskare, Jr. Engineer, Maintenance Dept., N-ward, BMC is present.
Rest of the same appearance.
Plaintiff No.2 is directed to serve copy of amended plaint on next date.
Earlier order, if any, to continue till next date.
Adjd. to 28/02/2023 for compliance and N/M hrg.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: As Court is busy in N/M hearing and ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 11/04/2023 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: NOB-TOB (By precipe)
Adv Rajesh Sahani for plaintiff present and tendered V/P. TOR and marked as Exh.5.
He also tendered Draft NM along-with affidavit in support. O- Leave granted to register it. Copy be supplied to other side.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Already Adjd. to 11-04-2023 for compliance and and NM hearing and service/reply to draft NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: NOB-TOB (By precipe)
Adv Rajesh Sahani for plaintiff present and tendered registered NM No. 1160/23 along-with affidavit in support. TOR.
Adv Mhatre for deft/BMC present.
Mr. Vaibhav Maskar, J.E., attached to Maintenance Department, N ward, BMC present and submitted that he was not having knowledge of status-quo order and therefore issued a letter dtd. 01.03.2023. He submitted that in view of status-quo order, he is withdrawing the letter dtd. 01.03.2023.
Adv for plaintiff submitted in writing that in view of the statement made by officer, plaintiff is withdrawing NM No.1160/2023. Hence, NM No.1160/2023 is disposed of as withdrawn.
Adv for plaintiff submitted that he has already served copy of amended plaint upon other side.
Matter is already adjd. to 11-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Rajesh Sahani for plaintiff is present and requested time for argument. Time is granted as a last chance.
Adv. Ms. Mhatre for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 29.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Rajesh Sahani for plaintiff is present.
Adv. Ms. Mhatre for defendant / BMC is present.
Officer Mr. Vaibhav Maskare, Junior Engineer, N Ward, BMC, is present.
Advocate for the plaintiff submitted that after notice dated 24.01.2020 plaintiff replied said notice along-with documents but till today corporation has not passed speaking order. BMC Officer - Mr. Vaibhav Maskare submitted that he has not received reply and documents. Advocate for plaintiff submitted that he will provide copy of reply and documents to officer.
KB
LO
Same appearance.
Advocate for plaintiff provided copy of reply and documents to BMC Officer - Mr.Vaibhav Maskare.
Earlier order, if any, to continue till next date.
Adjd. to 22.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Advocate Rajesh Sahane for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Shri. Vaibhav Maskare, JR Eng. N Ward, Maintenance dept. present and stated that scrutiny of the reply and document submitted by the plaintiff is under process and speaking order is yet not passed. Adv for plaintiff submitted that the NM may be disposed of with direction to the Designated Officer not to take action till passing of speaking order and protection be granted for 15 days if speaking order is admissible.
Advocate for corporation submitted that she has no objection.
Hence, I passed following order
ORDER
1. Notice of Motion No. 345/2020 is disposed off.
2.The defendant/BMC shall not take action against Notice structure for period of seven days from the date of communication of speaking order if it is adverse against the plaintiff.
Earlier order, if any, to continue till next date.
Adjd to 29.08. 2023 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Plaintiff No. 2 present and his advocate is absent.
Advocate Mhatre for defendant/BMC present and requested time to file WS. Hence time is granted as a last chance.
Adjd to 26.09.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Plaintiff No. 2 present.
Adv for plaintiff is absent.
Advocate Mhatre for defendant/BMC present and seeks time to file WS. However statutory period for filing WS is over. Hence matter adjourned for NO WS order.
Adjd to 13.02.2024 for No Ws Order
Next Purpose: ORDER
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: NOB, TOB by precipe.
Exh.4 :- Production precipe.
Adv. Rajesh Sahane for plaintiff present and tendered draft N/M. Leave is granted to register the same. He also tentered affidavit of service marked as Exh.5.
Advocate Jyoti Patil - Mhatre for defendant/BMC present.
KB
L.O. at
Same appearanc.
Advocate for defendant/ BMC requested that today BMC as received notice of N/M and requested to keep the matter tomarrow morning. Hence matter adjourned.
Mr. Sandesh Kamble, J.E. (Maintenance), N Ward present.
Adjd to 09.02.2024 for ad-interim hearing (1st session).
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Adv. Rajesh Sahane for plaintiff present.
Plaintiff no. 2 present.
Advocate Jyoti Patil-Mhatre for defendant/BMC present.
BMC officer Sandesh D. Kamble, JE (Maintenance), N Ward present.
Partly heard argument of both sides on ad-interim relief. KB.
L. O. at 3.35 PM.
Adv. Rajesh Sahane for plaintiff present.
Plaintiff no. 2 present.
Advocate Jyoti Patil-Mhatre for defendant/BMC present and tendered affidavit of documents, Exh. 6. Copy
Order on ad-interim relief on draft NM:-
order
Plaintiff taken out draft Notice of motion and prayed for ad-interim relief. Advocate for plaintiff submitted that this court by order dated 22/06/2023 disposed off n/m no. 345 of 2020 with direction to concerned officer to pass speaking order with protection of 7 days to structure if order is adverse. Accordingly DO has passed order on 31/01/2024 however plaintiff was not informed which document are required for deciding eligibility. He further submitted that on 31/10/2023 plaintiff was called for personal hearing. However plaintiff submitted an application for adjournment with inward department. Thereafter plaintiff was not called upon hearing and order came to be passed without given opportunity to the plaintiff to submit document. Advocate for plaintiff submitted that plaintiff is having various document showing the authenticity of structure.
Advocate for BMC submitted that they order dated 30/01/2014 has been passed as per direction of this court. However designated officer afforded opportunity of hearing to the plaintiff but he remain absent and not submitted any document. It is further submitted that plaintiff has not produce any document to prove legality of structure. Hence plaintiff is not entitled to ad-interim relief.
This court has order dated 22/06/2023 disposed off n/m as per the statement made by officer of BMC that they will pass speaking order. It is contention of plaintiff that he is having documents but BMC has not informed him which documents are required to them. Therefore plaintiff could not file relevant document. Advocate for plaintiff submitted plaintiff be granted to liberty to submit all documents with direction to Designated officer to pass fresh speaking order. In such circumstances if opportunity is given to the plaintiff to submit all document relating to suit structure with request to DO to pass fresh speaking order. If this course is adopted further litigation will be curtailed. Therefore I passed following order :-
Order
1) Plaintiff is directed submit all the relevant document within a week to Assistance commissioner N Ward, BMC.
2) The Assistance commissioner to pass fresh speaking order by considering the documents submitted by plaintiff.
3) If order is adverse against the plaintiff no coercive action be taken against suit structure for 7 days from the date of communication of order.
4) In view of above order nothing remains in the suit and motion, hence suit as well as draft n/m disposed off.
5) Plaintiff to get register n/m.
Nature Of Disposal: OTHER
Disposal Date: 09-02-2024