Date: 21-01-2020
Business: Adjd. to 01/02/2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-02-2020
Date: 01-02-2020
Business: Adv. Ms. Prashansha Jain for plaintiff present
Adv. Mrs. Rawade for the defendant MCGM present
Adv. Mr. Rajesh Khatanahat for defendant present and filed rejoinder
Matter is adjd to 13/02/2020 for hrg. on n.m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Mr. Shobhit Shukla for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Adv. Mr. Rajesh D. Khalankar for defendant no.3 present.
Copy of reply on notice of motion served to other side.
Matter is adjd to 12/03/2020 for hrg.on n.m
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: As Court is busy in recording evidence in Civil as well as Session matters and misc. work hence, board is discharged.
Matter is adjd to 23/04/2020 for hrg. on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: Adv for plaintiff absent.
Adv Smt. Mhatre for MCGM/defendant present.
Matter adjourned for NM hearing to 07/09/20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Adv for plaintiff absent.
Adv Smt.Rawde for MCGM/defendant present.
Matter adjourned for NM hearing to 17.09.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Covid-19, adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Plaintiff and adv absent.
Adv Nandanvar for MCGM/defendant present.
Matter adjourned for NM hearing to 10/11/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present for plaintiff.
Adv Smt. Rawade present for MCGM/defendant.
Matter adjourned for NM hearing to 05.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: PO is on Medical Examination.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM hearing to 16.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Mangesh Chavan present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv Redekar present for defendant no.3.
Matter adjourned for NM hearing/arguments to 18.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Jain (ib) present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Adv Redekar present for defendant no.3.
Adv of plaintiff sought adjournment.
Matter adjourned for NM hearing to 30.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Mangesh Chavan present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Adv. Redekar present for defendant no.3.
Adv of defendant no.3 produced case law of Nusli Wadia Vs. Ivory properties AIR 2019 (SC) 5125 particularly para no.51 and 77 for showing that regarding preliminary issue u/s 9A evidence cannot be adduced and said law point can be decided without recording evidence in that regard. Therefore on next date parties are requested to advance arguments on issue of 9A.
Matter adjourned for arguments on Issue of 9A to 20.04.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: In view of covid-19, matter is adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
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: ARGUMENTS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
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: ARGUMENTS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. absent for plaintiff.
Adv. Bhibhishan Sutar present for MCGM/defendant no. 01.
Adv. Redekar present for Defendant no. 03
As the adv. for plaintiff is absent, the matter is adjd. for arguments on preliminary issues U/s. 9 A.
Matter adjourned for arguments to. 12-10-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: As presiding officer is on leave, hence matter is adjd. to.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Adv. Prashansa Jain @ Adv. Mangesh Chavan present for plaintiff.
Adv. Redekar present for defendant no. 03.
Adv. vidya Vyavahare present for MCGM/defendant.
As court is busy in hearing arguments and passing order on draft nm as to ad-interim reliefin suit st. no. 9320/2021 and suit no. 2131/21, hence remaining board is discharged and Matter adjourned for arguments to. 24/11/21.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Prashansa Jain present for plaintiff
Adv. Soran @ Adv. Divate for MCGM/defendant.
Adv. Redekar present for def. no. 03.
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Adv. Mangesh Chavan for plaintiff.
Def. no. is also present in person.
Heard arguments of learned ADv. for plaintiff and Def no. 3 on preliminary issue of jurisdiction.
Matter adjourned for Order as to preliminary issue on 03-12-2021.
Next Purpose: ORDER
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: None present for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Adv. Rajesh present for defendant no. 02.
Adv. Kirit Thapadiya present for defendant no. 03.
F.R.S.R. the following order is passed on preliminary issue.
ORDER
The preliminary issue is answered in negative and it is held that the civil court has no jurisdiction to entertain, try and decide the present suit.
In view of finding as to preliminary issue, Civil Court has no jurisdiction to entertain, try and decide the present suit as suit is barred by section 149 of MRTP Act. Therefore, suit will have to be dismissed. Hence, suit is dismissed. As the suit is disposed of Notice of Motion 4896/2019, Notice of Motion No. 1684/2016 and Chamber Summons No. 105/2020 do not survive. Therefore, Notice of Motion 4896/2019, Notice of Motion No. 1684/2016 and Chamber Summons No. 105/2020 are also disposed off as filed. Proceeding is closed.
Authenticated copy of today\''s roznama be given to the parties if requested.
Nature Of Disposal: OTHERWISE
Disposal Date: 03-12-2021