Mr. Jagjit Singh VijanVsMCGM

Date: 12-03-2020
Business: Adv.Vaibhavi Pawar h/f Adv.Kudalkar for plaintiff present and tendered draft NM along with affidavit in support. Leave to register is granted for NM.
None for defendant MCGM M/East ward.
 Matter adjd to 18.06.2020 for service and reply to NM.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: On oral request of advocate for applicant, this matter is taken on
today\''s moderate board.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memorundam of Address.
Exh. 4 - List of documents.
Exh.5 -Adv. Mr.Thakur for applicant present and tendered V/P.
TOR. and marked as Exh.5.  He also tendered draft ch/s
alongwith affidavit in support. TOR. Leave is granted to register
the Ch/s, returnable on next date.
Adv. for applicant is directed to serve the copy of said Chamber
summons upon other side.
Plff is directed to register the NM till next date.
Matter 05/11/2020 for Service and Reply to Ch/s and NM.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: None for Plainitff.
Adv. Mrs. Smita Chavan h/f. Adv. Mr. Khandagale for
Defendant/MCGM present.
Adv. Mr.  Bhavesh Thakur for applicant present and request of
time for service of Ch/s. Time is granted.
Matter adjd to 09/12/2020 for service and reply to Ch/s. and
NM.
Next Purpose: SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Jain h/f. Adv. Kudalkar for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Adv. Bhavesh Thakur for applicant present.
Plaintiff is directed to tender original registered NM No. 1578/2020 on next date.
Applicant is directed to tender original registered Chs. No. 596/2020 on next date.
Matter adjd to 29/01/2021 for Service and reply to Chs. and NM.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Khandagle for deft/MCGM present.
Matter adjd to 22/03/2021 for Service and Reply to NM and Ch/s.
Later On. At 03.30 pm.
Adv. Bhavesh Thakur for intervenor present.
Matter is already adjd to 22/03/2021 for Service and Reply to NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Khandagle for deft/MCGM present.
None for intervenor.
Matter is adjd to 23/04/2021 for Service and Reply to NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Due to Covid - 19.
Next Purpose: SERVICE
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: HHJ is on leave
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
None for applicant.
Plaintiff is directed to tender original registered NM No. 1578/2020 on next date.
Applicant is directed to tender original registered Ch/s. No. 596/2020 on next date.
Adjd. To 16/11/2021 for service and reply to NM and Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None for plaintiff.
Adv Mrs Rawade h.f. Adv. Tondwalkar for defendant / MCGM present.
Plaintiff is directed to tender original registered Ch/s. No. 596/2020 on next date.
Matter is adjd to 24/01/2022 for service and reply to Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: In view of office order no.7/2022 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.
Adjd. to 11/3/2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 04/05/2022 for service and reply to Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.179/2010 and 181/2010, board is discharged.
Adjd. To 29/06/2022 for service and reply to Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
None for applicant.
Applicant is directed to tender original Ch/S No. 596/2020 on next date.
Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
Adjd. to 12/08/2022 for service and reply to Ch/s and N/M.
Next Purpose: SERVICE
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for applicant.
Applicant is directed to tender original Ch/S No. 596/2020 on next date.
Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
Adjd. to 07/11/2022 for service and reply to Ch/S and N/M.
Next Purpose: SERVICE
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for applicant.
Applicant is directed to tender original Ch/S No. 596/2020 on next date. Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
Adjd. to 12/12/2022 for service and reply to Ch/S and N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Apoorva h/f Adv. Kudalkar for plaintiff present and submitted that plaintiff is not contacting and they are going to issue notice to the plaintiff. Hence, time is granted till next date
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for applicant.
Adjd. to 06/03/2023 for service and reply to Ch/S and N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: As Court is busy in urgent N/M hearing and dictating orders in Ch/S, board is discharged.
Adjd. to 05/04/2023 for service and reply to Ch/S and N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and and requested for time to file NM. Time is granted till next date.
None for applicant.
Applicant is directed to tender original C/S no. 596/2020 on next date.
Adjd. to 26/06/2023 for service and reply to C/S. And NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None present for plaintiff
None present for applicant.
Advocate Suryavanshi  for defendant/BMC present.
Applicant is directed to tender original ch/s  596/20 on next date.
Adjd to 11.10.2023   for service and reply to ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: None present for plaintif.
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
The ch/s No. 596/2020 is pending since long for reply by the plaintiff. However plaintiff has not filed reply to ch/s. Hence no say order passed against the plaintiff. The applicant is directed to tender ch/s till next date failing which necessary order will be passed.
Adjd  to  06.11.2023  for Compliance and ch/s Hearing without reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Applicant  is absent and inspite of repeated direction he has not tender Ch/s 596/2020. hence matter adjourned and kept for dismissal of ch/s
Adv. for deft/BMC seeks time to file reply to  NM No. 1578/2020. hence time granted. Plaintiff is directed to tender NM on next date.
Adjd  to  17.01.2024   for Chs Dismissal, Compliance by plaintiff and reply by deft/BMC to NM.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Plaintiff is directed to tender NM No. 1578/20 on next date
Adjd  to 20.01.2024 for Ch/s Dismissal/Compliance by plaintiff and NM by BMC
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre  h/f Suryavanshi for defendant/BMC present.
As Court is busy in urgent matter, due to paucity of time. Matter adjourned for dismissal
Adjd  to  17.02.2024  for Ch/s dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for plaintiff.
Advocate Jyoti Mhatre-Patil h/f Suryavanshi for defendant/BMC present.
Plaintiff is directed to tender Nm No. 1578/2020 on next date.
Adjd  to  20.04.2024   for Ch/s dismissal and NM Reply.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: As court is busy in hearing on ad-interim relief, Board is discharged and matter adjourned.
Adjd  to   15.06.2024  for ch/s dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: None present for plaintiff
Adv  Vyawahare for defendant /BMC present and seeks time to file reply to NM. Time is granted.
    The third party applicant has taken out ch/s No. 596/2020. However applicant has tendered ch/s inspite of repeated direction. Hence ch/s was kept for dismissal for want of compliance but inspite of that applicant has not tendered ch/s. Today none present for applicant, hence I pass following order
ORDER
Chamber summons No. 596/2020 is dismissed for want of compliance.
Plaintiff is directed to tender NM No. 1578/2020 till next date otherwise same will be dismissed.
Adjd.  to  21.08.2024 for  NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Advocate Honmane   for defendant/BMC present.
None present for plaintiff, today mater is posted for reply an service of writ of summons. The plaintiff has not tendered NM No. 1758/2020 inspite of repeated direction. On previous date plaintiff was directed to tender NM till today otherwise same will be dismissed but inspite of that plaintiff has not tender NM. Hence NM No. 1578/2020 is dismissed for want of Compliance.
Adjd  to  08.11.2024   for  service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri     for defendant/BMC present.
Today matter is listed for writ of summons. This roznama shows that neither plaintiff nor his adv remains present.  The suit is of 2020 and no step taken by plaintiff to serve writ of summons. This shows that plaintiff is not interested to proceed with the suit. Hence matter adjourned and kept for dismissal of suit for want of prosecution.
Adjd  to 30.11.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
Matter is adjd to 21.12.2024    for suit dismissal
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar   for defendant/BMC present.
As Court is busy in argument in Targeted matters suit No. 5035/2004 and 2024/2008 and judgment in suit No. 123/13. hence due to paucity of time matter adjourned
Adjd  to 24.12.2024  for suit dismissal
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar  for defendant/BMC present.
keep back
Later on
Order below Exh. 1
The suit is of year 2019 but it is registered in 2020 and pending since many dates for writ of summons. The roznama shows that on 05.04.2023 neither plaintiff nor his Adv remains present. Further the plaintiff has not tendered ch/s as well as NM. Hence both are dismissed for non compliance. Thereafter suit repeatedly adjourned for writ of summons but plaintiff has not taken steps to serve writ of summons. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 24-12-2024

CHAMBER SUMMONS/100596/2020

Registration Number: 100187/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100686/2020
Filing Date: 16-01-2020
First Hearing Date: 12th March 2020
Decision Date: 24th December 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE