Date: 22-03-2019
Business: Plaintiff present.
Adv. Priyank Shukla for Plaintiff present and tendered original Writ of Summons. T.O.R.
Adv. Vyavhare h/f. Adv. Bhoir for Defendant/MCGM present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Adjd. to 10/06/2019 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Plaintiff present. His advocate is absent.
Adv. Ms. Patil for Def. MCGM present.
On oral request of ld adv for def., adjournment granted as a last chance.
Adjd to 20.08.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: As P.O. is training at Uttan, matter is adjd. till next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Adv. Priyanka Shukla for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Oral request for adjournment by ld. Adv. for defendant is rejected. If the deft. fails to file WS on next date, the suit will proceed without WS.
Adjd to 30-01-2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Priyank Shukla for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Heard Adv. Mrs. Patil for MCGM.
Writ of Summons is served on 05.02.2019. No w/s filed by defendant. Suit to proceed without W/S against defendant.
Adjd to 16.03.2020 for R/E (Without W/S) .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv.Rajnish Upadhyay for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 25.06.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Shraddha Pandey h/f Adv. R. D. Mishra for plaintiff present and requests for time to file evidence of plaintiff. Time is granted till next date.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 22/06/2021 for R/E (Without WS).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None for plaintiff.
None for defendant / MCGM (N-Ward).
Adjd. To 05/10/2021 for recording evidence (without w/s).
L.O.
Adv Rawade for defendant / MCGM present.
Matter is already adjd. To 05/10/2021 for recording evidence (without w/s).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Upadhyay h/f Adv Mishra for plaintiff present.
Adv Smita Chavan h/f Adv Rawade for defendant / MCGM present.
Adjd. To 11/11/2021 for recording evidence (without w/s).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Rajnish Upadhyay h/f Adv R.D. Misra for plaintiff present and requests for time to file evidence of plaintiff.
Time is granted till next date.
Adv Smita Chavan h/f Adv Rawade for defendant / MCGM present.
Adjd. To 14/12/2021 for recording evidence (without w/s).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None for plaintiff.
None for defendant / MCGM (N-Ward).
K.B.
L.O. at 12.00 p.m.
Adv Rajnish Upadhyay h/f Adv R.D. Misra for plaintiff present and requests for time to file evidence of plaintiff. Time is granted till next date.
Adv Adv Rawade for defendant / MCGM present.
Adjd. To 03/02/2022 for recording evidence (without w/s).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
Matter is adjd to 17/02/2022 for recording evidence (without W.S.).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv Rajnish Upadhyay h/f Adv R.D. Mishra for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
K.B.
L.O. at 12.15 p.m.
Adv Priyank Shukla h/f Adv R.D. Mishra for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
On oral request of advocate for plaintiff to file compilation of documents, matter is adjourned till next date.
Adjd. To 19/04/2022 for filing compilation of documents by plaintiff / R/E (without w/s).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None for plaintiff.
None for defendant / MCGM (N-ward)
Adjd. To 16/06/2022 for evidence of plaintiff (without w/s)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Upadhyay h/f Adv. R. D. Mishra for plaintiff present.
P.W.-1 is present.
Adv. Mrs. Rawade for defendant/ BMC is present.
On perusal of record it appears that affidavit of evidence of P.W.-1 was filed on 14/12/2021 at Exh. 2 but it was not mentioned in Roznama dated 14/12/2021.
K.B.
L.O.
Adv. Priyanka Shukla for plaintiff present and tendered compilation of document, TOR and marked as Exh. 3. Copy is supplied to other side. Order on Exh. 3 - Other side to admit or deny.
Rest of the same appearance.
Adjd. to 15/09/2022 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Rajnish Upadhyay h.f. Adv. R.D. Mishra for plaintiff present.
PW – 1 present.
Adv. Mrs. Rawade for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Advocate for D/BMC has given say on Exh.3(Plaintiff\''s compilation documents)
Adjd. to 18/10/2022 for hearing on Exh.3.
Next Purpose: HEARING
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Priyank Shukla h.f. Adv. R.D. Mishra for plaintiff present.
Adv. Mrs. Tondwalkar h.f. Adv. Rawade for defendant/ BMC is present.
Adjd. to for 15/11/2022 for plaintiffs compilation of documents(Exh.3.)
Next Purpose: HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Priyank Shukla h/f Adv. R. D. Mishra for plaintiff present.
P.W.-1 is present.
None for defendant/ BMC, N-ward.
Heard arguments of Adv. for plaintiff on Exh.3 (plaintiff\''s compilation of documents.
Adjd. to 06/12/2022 for order on Exh.3 (plaintiff\''s compilation of documents.
Next Purpose: ORDER
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Adv. Priyank Shukla h/f Adv. R. D. Mishra for plaintiff present.
P.W.-1 is present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 24/01/2023 for exhibiting documents.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Priyank Shukla h/f Adv. R. D. Mishra for plaintiff present.
P.W.-1 is present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Following order is passed on Exh.3-
O R D E R
The plaintiff has filed documents along-with list Exh.3. Defendant/ corporation admitted documents at serial Nos.30 and 32. Hence, these documents be exhibited. Except document at serial Nos.6 and 7 rest of the documents are issued by the plaintiff or defendant/ corporation and document at serial No.29 is the copy of order in Long Cause Suit No.1667/2011 and document at serial No.30 is the certified copy of withdrawal pursis of suit No.1667/2011 by the plaintiff. Therefore, except document at serial Nos.6 and 7 admitted evidence and be exhibited.
Exh.4 - Roznama dated 03/09/2003 in Suit No.5829/2003.
Exh.5 - Order in L.C. Suit No.5829/2008.
Exh.6 - Letter No.SAN/2254/Genime dated 05/01/2017.
Exh.7 - Advocate\\\''s letter dated 28/12/2010.
Exh.8 - Letter No.ACN/1740/GEN/MOH17/10/2017 from Health Officer, M.M.C.
Exh.9 - Letter from M.M.C. dated 16/08/2016 for submitting the documents.
Exh.10 - Letter from SAN/56805 dated 16/04/2018.
Exh.11 - Letter dated 22/01/2016 written by the plaintiff to corporator.
Exh.12 - Letter dated 23/01/2000 by Smt. Jijabai Raghunath Tarde.
Exh.13 - Letter No.DYC/ENC(ENC) Ghatkopar SR-/2016 dated 22/04/2016 written by Dy. Collector.
Exh.14 - Letter dated 04/04/2016 written by Jiyabai Raghunath Turde Commissioner M.M.C.
Exh.15 - Letter No.SAN/17358/MN dated 09/08/2016.
Exh.16 - Letter dated 20/12/2016 to B.M.C.(zone 6).
Exh.17 - Letter dated 16/08/2016 to B.M.C. (zone 6).
Exh.19 - Assessment bill of shop.
Exh.20- Letter No. AA and C/1300/2015 -16 No.AAC/FDA/RTI/46/2015-16 dated 30th July,2015 with Annexture (Colly).
Exh.21 - Letter dated 04/08/2015 written by the plaintiff to Asstt. Municipal Commissioner (zone 6).
Exh.22 - Letter No.ACN/319181/MN dated 08/01/2015.
Exh.23 - Sketch plan.
Exh.24 - Letter from plaintiff to Dy. Municipal Commissioner (zone VI) dated 04/08/2015
Exh.25 - Letter dated 04/08/2015.
Exh.26 - Letter No.ACN/31918/MN dated 16/12/2014.
Exh.27 - Letter No.SAN/90/ dated 13/01/2015.
Exh.28 - Letter dated 29/01/2015.
Exh.29 - Letter dated 01/12/2014.
Exh.30 - Letter No.SAN15475/MN dated 12/08/2014.
Exh.31 - Letter dated 20/05/2014.
Exh.32 - Copy of order dated 6th May,2014 in L.C. Suit No.1667/2011.
Exh.33 - Pursis for withdrawal of suit in L.C. Suit No.1667/2011
Exh.18 - Roznama in suit No.1447/2009 and consent terms (colly.).
Adjd. to 14/03/2023 for cross-exam. of P.W.-1 (without W/S).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Adv. Rajnish Upadhayay for plaintiff present. PW-1 present.
Adv. Mhatre for defendant/ BMC is present.
Adjd. to 20/06/2023 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Advocate Rajnish Upadhay h/f R.D. Mishra for plaintiff present.
Advocate Mhatre for defendant/BMC present.
PW-1 present.
Keep back
L. O.12.15 p.m.
Advocate for defendant/BMC submitted that no WS order has been passed and she is going to take steps of setting aside of WS and seek time. Hence, matter adjourned as a last chance.
Adjd to 25.07.2023 for Cross examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Advocate Rajnish Upadhay for plaintiff present.
Advocate Mhatre for defendant/BMC present.
PW-1 is present on S.A
Cross-examination of PW-1 by Adv. for defendant/BMC is completed.
On oral request of Adv. for plaintiff matter adjourned for evidence.
Adjd to 03.10.2023 for further evidence of plaintiff/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Plaintiff present and submitted to keep back the matter.
Adv for plaintiff is absent.
Advocate Mhatre for defendant/BMC present.
keep back
L.O. 12.10 p.m.
Adv. Rajnish upadhay h/f R.D. Mishra for plaintiff present and tendered draft Notice of Motion @ affidavit in support.
O- Leave granted to register NM.
Adv for deft/BMC requested for time to file reply to NM. Hence time is granted.
Adjd to 07.11.2023 at Morning session for NM Reply/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Advocate Rajnish Upadhay h/f R. D. Mishra for plaintiff present.
Advocate Mhatre for defendant/BMC present and requested to keep back
keep back
Later on 12.32 pm
Adv for plaintiff seeks time to register NM and argue NM. Hence matter adjourned.
Adv for deft/BMC has given say on draft Notice of Motion overleaf.
Plaintiff is directed to register NM till next date.
Adjd to 12.12.2023 for NM Hearing /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Advocate Mr. Mishra for plaintiff tendered Notice of Motion No.4397/2023.
Advocate Mhatre for defendant/BMC present
Adv. for plaintiff seeks time to argue Notice of Motion.
Adjd to 4/1/2024 for arguments
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Advocate Priyank Shukla h/f R.D. Mishra for plaintiff present and seeks time to argue NM. Hence matter adjourned
Advocate Mhatre for defendant/BMC present.
Adjd to 23.01.2024 for NM Argument/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Advocate Priyank Shukla h/f R.D.Mishra for plaintiff present
Advocate Mhatre for defendant/BMC present.
Following order is passed on Notice of Motion No. 4397/2023
ORDER
1. The plaintiff has taken out Notice of Motion for permission to file additional evidence for production of documents. It is contended plaintiff has filed affidavit of examination in chief but certain relevant documents could not be referred in examination in chief and some document could not be produced through over-site. Therefore it is necessary in the interest of justice to permit the plaintiff to file additional affidavit of evidence and documents.
2. Defendant/BMC opposed application stating that plaintiff has already filed evidence affidavit and therefore he again can not filed additional evidence affidavit. Further it is contended there is no provisions of filing additional evidence.
3. Heard adv for the parties.
4. As per the provision of Civil Procedure Code plaintiff ought to have filed document along with plaint or at the time of framing issues. Order 7 Rule 14 Sub Clause - 3 of Civil Procedure Code provides that the documents which were not presented along with plaint or not annexed to the plaint shall not without leave of the Court received in evidence. In the case in hand it is contention of plaintiff due to oversight some documents could not be produced. Moreover it is well settled that there is no bar for filing additional evidence. The reason given by the plaintiff for not producing document at the time of filing suit appears to be just and satisfactory. Therefore considering the fact of the case and in the interest of justice, I pass following order : -
ORDER
1. Notice of Motion is hereby made absolute in terms of prayer clause (a)
Adv for plaintiff tendered additional affidavit of evidence of PW1 marked as Exh. 2-A alongwith Compilation of document marked as Exh. 3-A O- Other side to say.
Adjd to 20.02.2024 for Hearing on Exh. 3-A and cross-examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Plaintiff present and his Adv is absent.
Advocate Jyoti Mhatre- Patil for defendant/BMC present.
keep back
Later on 12.57 p.m
Adv Rajnish Upadhay h/f R.D. Mishra for plaintiff present and requested time to argue on compilation of documents
(Exh.3-A). Granted.
Adjd to 19.03.2024 for Hearing on Compilation of documents ( Exh. 3 -A)/R.E. P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Advocate Priyank Shukla h/f for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
As court is busy in final argument of suit No. 637/10 and 638/10. hence matter adjourned.
Adjd to 20.06.2024 for Hearing on Compilation of documents ( Exh. 3 -A)/R.E. P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: PW-1 present
Advocate Priyank Shukla h/f Mishra for plaintiff present.
Advocate Metakari for defendant/BMC present.
Heard argument of Adv for plaintiff on admissibility of documents Exh. 3 -A.( Additional Compilation)
Adjd to 20.07.2024 for order on Exh. 3-A further cross-examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: PW-1 present and his Adv is absent.
Advocate Metakari for defendant/BMC present.
Order on Exh. 3
1. The plaintiff has filed additional affidavit of evidence and document vide Exh. 3 and Exh. 3 A respectively.
Deft/BMC opposed documents.
On previous date heard adv for the parties.
Document at sr. No. 1 are the copies of the application under RTI registration certificate issued by BMC issued under RTI. The application under RTI bears signature of witness. Shop at license are issued by public authorities, form No. B bears Thumb impression / signature of the Shantaram Shedge. These documents be exhibited subject to it proof
Document at sr. No. 2 is the copy of notice of changes in respect of establishment, hence it be exhibited serially.
Document at sr. No. 3 is the acknowledgment of payment of Rs 5000/- by Shantaram Shedge. Hence it be exhibited subject to its proof
Document at sr. No. 4 is the photocopies of certificate of establishment. Plaintiff has not laid down foundation for leading secondary evidence. Hence photocopy is not admissible in evidence
Rest of the documents at sr. NO. 5 to 8 are original Assessment Bill and shop at license issued by BMC, hence these document be exhibited serially.
Document at sr. No. 9 are the photographs but plaintiff has not produced certificate u/s 65 (B) of the Evidence Act, hence this photographs are not admissible in evidence unless its proof.
Exh. 34 Defendant has issued License in respect of the said business to said Shantaram Abaji Shedge Municipal License No. 210 dated 06.04.1949.
License No. N. I. No. 874 dated 18.03.1959.
License No. N. N. I-874 dated 19.12.1962
License No. N. I. 861 dated 14.12.1963 and 1964.
License No. N. I. 861-1965
License No. N.I.861 dated 30.03.1966
Exh. 35 License No. N. I. 246 dated 07.01.1981
Exh. 36 Writing dated 01.01.1971 between Shantaram Abaji Shedge and Raghunath Ladu Turde.
Exh. 37 “C” Register Extract dated 07.12.2009 in the name of M/s. Raghunath Pan House.
Exh. 38 and Exh. 39 License Charges Receipt No. 11446 dated 20.05.1978 and Vide Receipt No. 82369 dated 31.01.1975 issued by Defendant.
Exh. 40 Certificate of the Maharashtra Prevention of Food and Adulteration License No. 154400 dated 25.01.1994 in the name of M/s. Raghunath Pan House.
Exh. 41. License No. 27680 ( Renewal) dated 31.12.1995 issued by the Defendant.
Cross-examination of PW-1 on Additional Affidavit of evidence by Adv for deft/BMC is partly recorded and deferred till next date.
Adjd to 20.08.2024 for further cross examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: PW-1 present.
Advocate Rajnish Upadhay h/f R. D. Mishra for plaintiff present.
Advocate Metakari for defendant/BMC present.
Further cross examination of PW-1 by Adv for deft/BMC is recorded and concluded.
Adjd to 05.09.2024 for further evidence of plaintiff /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Advocate Pathak h/f R.D. Mishra for plaintiff present and tendered evidence close pursis marked Exh. 42
Advocate Metakari for defendant/BMC present.
Adjd to 01.10.2024 for evidence of deft/BMC
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-10-2024
Date: 01-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Priyank Shukla h/f R.D. Mishra for plaintiff present.
Advocate Metakari for defendant/BMC present.
Today matter is listed for evidence of BMC but suit has been proceed against deft/BMC without WS as per order dated 30.01.2020. hence matter adjourned for final argument
Adjd to 05.11.2024 for Final argument
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff present and requested to keep back the matter.
Advocate Nagarthwar h/f Swapnil Bharti for defendant/BMC present.
keep back
Later on 1.55 pm
Adv. Swapnil Bharti for deft/BMC present.
Plaintiff submitted that his Adv is not available today. Hence adjourned on plaintiff request.
Adjd to 21.11.2024 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate R. D. Mishra for plaintiff present and submitted that he will file written notes of argument and requested for short date. Hence matter adjourned
Advocate Swapnil Bharti for defendant/BMC present.
Adjd to 10.12.2024 for Final argument
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Rajnish Upadhay h/f R.D. Mishra for plaintiff present and tendered written notes of argument Exh. 43. copy is supplied to other side.
Advocate Swapnil Bharti for defendant/BMC present.
As Court is busy in Targeted suit. Hence matter adjourned.
Adjd to 17.12.2024 final argument by deft/BMC /P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: Advocate Rajnish Upadhay h/f Mishra for plaintiff present.
Advocate Swapnil Bharti for defendant/BMC present and requested time for final argument.
Adjd to 02.01.2025 for final argument by deft/BMC /P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
Plaintiff present in person. Adv. Mr. Rajnish Upadhay for plaintiff is present.Adv. Mr. Swapnil Bharti for defendant/ MCGM is present and sought time to argue this matter. The time is granted strictly as a last chance.
Adjourned for argument to 07.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Rajnish Upadhay h/f Adv. Mr. R.D. Mishra for plaintiff present. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and sought time for final argument. The parties submitted the suit is partly argued before the then Presiding Officer. Sheristedar is called up to do the needful.
Adjourned for Final argument to 21.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: Adv. Mr. Rajanish Updhyay for the plaintiff is present. Adv. Mr. Swapnil Bharati a/w Adv. Mrs. S.R. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and requested time to file written submissions on merits. Time is granted strictly as last chance without further adjournment.
Adjourned for written submissions on merits to 28.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: Adv. Rajnish Upadhyay present for the plaintiff.
Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav holding for Shri. Bharti for defendant/BMC is present.
keep back.
Later on At 1.30 pm adv. for BMC Swapnil Bharti filed writtern submitions on merit Exh. 44.
Adjourned for citation short submition to 06.02.2025.
Next Purpose: CIATATION
Next Hearing Date: 06-02-2025
Date: 06-02-2025
Business: Adv. Mr. Rajanish Updhyay for the plaintiff is present.
Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav h/f Adv. Mr. Swapnil Bharati for defendant/ BMC is present.
Ld. advocate for both the parties submitted that the argument is over and requested to keep matter for Judgment.
Adjourned for Judgment to 24.02.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: Adv. Mr. Rajnish Updhyay for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. The Court is busy in dictating Judgment in SU No. 53/2012 and recording evidence in targeted SU No. 1446/2013.
Adjourned for Judgment to 03.03.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: The plaintiff is present in person. Adv. Mr. V.G. Shinde for defendant/BMC is present. Kept back.
Later on 2.45 p.m.
The plaintiff is present in person. Rest appearance is as above.
The Judgment is dictated and pronounced in Open Court. It is marked at Exhibit 45. The Operative order is passed as follows ORDER The suit is dismissed with costs.
Nature Of Disposal: DISMISSED
Disposal Date: 03-03-2025
