Centre Point CHS LtdVsShri Hanmant Dyanu Jagdale +4 more

Date: 25-01-2018
Business: Adv.Mr.Bhatt for Plff.present.
He tendered draft N/m alongwith affidavit t.o.r. Leave granted to register N/m.  Returnable on next date.
Adv.Mrs.Tadavi for BMC/Deft.4 and 5 present.
None for defts.no.1 to 3.
Adjd.for service on 01.02.2018.
Next Purpose: SERVICE
Next Hearing Date: 01-02-2018

Date: 01-02-2018
Business: Adv.Mr.Bhatt for Plff.present.
He tendered registered N/m No.383/18 t.o.r.
Adv.Mrs.Kamble for BMC/Deft present.
Adv.Mr.Nandu Pawar for defts.no.2 and 3 present and filed vakalatnama t.o.r.and marked at Exh.2.
He filed affidavit in reply for opposing N/m t.o.r.
Heard Ld. Advocates of both the parties.  Considering the nature of the suit and the reliefs claimed in the N/m., in my opinion the parties may be benefited if the matter is referred to mediation.  So also considering the pleadings and documents on record, to my mind there are elements of settlement between the parties.  Hence as per the provisions of section 89 of th CPC, this matter is referred to Mediation as the dispute mainly appears to be between plaintiffs and deft.no.1 to 3.   The parties are directed to attend the District Mediation Center on 07.02.2018 at 11.00 am The Ld.Coordinator is requested to allot the matter to trained Judge Mediator.
Adjd.for mediation on 23.02.2018.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-02-2018

Date: 23-02-2018
Business: Adv.Mr.Babu for Plff.present.
Adv.Mrs.Kamble for BMC/Deft.present.
Other defts.absent.
Mediator\''s report is not received.
Adjd.for mediation report on 21.03.2018.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-03-2018

Date: 21-03-2018
Business: Plff.and Adv.abesnt.
Adv.Mr.Giri h/f Adv.Mrs.Kamble for BMC/Defts no.4 and 5 present.
None for defts.no.1 to 3
Mediation report received Not settled, t.o.r.and marked at Exh.3.
K.B.at 2.45 pm.
Adv.Mr.Babu for Plff.present.
Adv.Mr.Amogh Khade for deft.no.1 present.
Adv.Ms.Samina Bagdera for deft.no.2 and 3 present.
Adv.Mr.Giri h/f Adv.Mrs.Kamble for defts.no.4 and 5 present.
Adv.for defts.no.2 and 3 filed written statement t.o.r and marked at Exh.4.  Copy supplied to other sides.
Adjd.for N/m reply of Deft.no.1 on 20.04.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2018

Date: 20-04-2018
Business: Adv Mr. Babu for plff. present.
Adv Mr.Landge for deft no. 1 present.
Adv Mr.Nandu Pawar for deft no. 2 and 3 present.
Adv Ms.Kamble for BMC / deft no. 4 and 5  present.
Adv Mr. Diwate for applicant present and filed vakalatnam, TOR at Exh. 5 and draft Ch/s. Leave granted to register.
Adjd. For ch/s reply and NM reply on 14.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: Adv Babu for plff present.
Adv Anil Diwate for applicant present and tendered original ch/sum no.1453/18.
Adv Kamble for BMC/defts no.4 and 5 present.
Adv Vivek Arote for deft no.1 present
Adv for defts no.2 and 3 present.
Adjd to 06/09/2018 for ch/sum reply and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: As Court is on leave today, Hence Board is discharged.
Matter is adjd to 09.10.2018
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Adv. G. S., Bhat for plaintiff present.
Adv. Kamble for defendant no.4 and 5 / BMC present.
Adv. Rohan Hake for applicant present.
None for deft. 1 to 3.
Matter adjd. to 4.12.18 for Chs Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-12-2018

Date: 04-12-2018
Business: Adv Babu for plff present.
Adv Harish Pawar for applicant present.
None for dets no.1 to 3.
Adv Mrs.Vyavhare for BMC/deft no.4 and 5 present.
On oral request of ld adv for plff, adjournment granted as a last chance.
Adjd to 17/01/2019 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Adv Mr.Babu for plff present.
Adv Mhatre for BMC/deft. present
Adv Ankush Mhatre for applicant present.
Adjd to 25/01/2019 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv Mr.Babu for plff present.
Adv Mhatre for BMC/deft. present.
Reply on ch/sum no.1453/18 and rejoinder in NM No.383/18. It is TOR.
Adv Ms.Surbhi Gujar for applicant present.
Adjd to 8/03/2019 for NM and ch/sum hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. Mr. G.S. Bhat for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. No.4 and 5 present.
None for Deft No.1 to 3.
Adv. Mr. Ankush Mhatogade for Applicant present.
Court busy in hearing on N/M, Ch/s in old matters and urgent hearing matters.  Charge of C.R. No.11 is also kept with this Court.
Hence, adjd to 12/4/19 for Ch/s and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Mr. Bhat for Plff present.
None for Defts No.1 to 3.
Adv. Mrs. Mhatre for MCGM/Deft No.4 and 5 present.
Adv. Ms. Surabhi Gujar for applicant present.
Adjd to 14/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Mr. Babu for Plaintiff present.
Adv. Ms. Hajare for Defendant/MCGM present.
Adv. Ms. Surabhi Gujar for applicant present
Adjd. to 25.07.2019 for ch/sum and N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: None for plaintiff.
Adv. Harish Pawar for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Charge of C. R. no. 11, Court busy in urgent hearing matters of two courts.  Hence adjourned.
Adjd to 13.09.2019 for Ch/s and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. Babu for plaintiff present.
Adv. Surabhi Guajar for applicant present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
K.B./L.O. at 3.35 p.m.
Court is busy in hearing on ad-interim reliefs in fresh suits and N/M in old suit no. 387/14
Adjd to 22.10.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. G.S. Bhatt  for plaintiff present.
Adv. Mrs. R.M. Hazare for Defts. no. 4 and 5/MCGM present.
None for defendants no. 1 to 3
Adv. Chaurasia  for applicant present.
On oral request of advocate for applicant, adjournment granted.
Adjd to 08-11-2019 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Babu h/f Adv Bhat for plaintiff present.
Adv. Mrs. Hajare for Defts no. 4,5/MCGM present.
Adv. Harish Pawar  for applicants present.
None for defendant 1 to 3
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Adv. Surbhi Gujar for applicant present.
On oral request of advocate for applicant, adjournment granted.
Adjd to 05-12-2019 for  N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Court is on leave today. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv.Mr. Nair  for plaintiff present.
None for defendant no. 1.
Adv. Mrs. Hajare for MCGM/Deft. no. 4 and 5 present.
Adv. Mr. Nandu Pawar  for defendant no.2 and 3   present.
Adv. Ms. Surbhi Gujar for applicant.
Copy of Chamber Summons is received by defendant no. 2 and 3
Adjd to 12/03/2020 for N/M hearing /Ch/s reply by Deft. No. 2 and 3.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Babu for plaintiff present.
None for defendant No.1.
Adv. Nandu Pawar for defendant No.2 and 3 present.
Adv. Mrs. Hajare for MCGM/Deft.4 and 5 present.
On oral request of advocate for plaintiff, adjournment granted.
It is submitted by defendant No.2 and 3 that he is supporting to the applicant , hence not filed reply.
 Matter adjd to 26.03.2020 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  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: C/S  HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adjd to
Next Purpose: C/S  HEARING
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Ms. Surbhi Gujar h/f Adv. G. S. Bhat for plaintiff present.
None for deft no.1 to 3.
Adv. Ms. Hajare for deft no. 4 and 5/MCGM present.
None for applicant.
Matter adjd to 23/02/2021 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: As Court is on leave, board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. G. S. Bhat for plaintiff present.
Adv. Ms. Hazare for deft no.1 to 3/MCGM present.
None for deft no.4 & 5.
Adv. Pawan Tiwari h/f Adv. Harish Pawar for applicant present.
Matter adjd to 08/04/2021 for NM and Ch/s Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 24/06/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: As court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv Bhat for plaintiff present.
None for defendant nos. 1to 3.
Adv Smita Chavan for defendant nos.4 and 4/ MCGM present.
Adv Pawan Tiwari h/f Adv Harish Pawar for applicant present.
Adjd. to 23/09/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv G.S. Bhat for plaintiff present.
None for defendant nos.1 to 3.
Adv Smita Chavan for defendant no.4 / MCGM present.
Adv Pawan Tiwari h/f Adv Harish Pawar for applicant present.
The advocate for the applicant seeks time to argue on Ch/s.
Adv for plaintiff taken strong objection.
Considering the urgency of plaintiff, request of the applicant is granted as a last chance. On the next date, applicant fails to argue on Ch/s, further order will be passed in Ch/s.
Adjd. To 12/10/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv Nair h/f Adv Bhat for plaintiff present.
None for defendant nos.1 to 3.
Adv Smita Chavan for defendant no.4 / MCGM present.
Adv Pawan Tiwari h/f Adv Pawar for applicant present.
Adv for the applicant filed adjournment application on a ground that the advocate on record is not feeling well. Said application is TOR at Exh.6..
ORDER ON EXH.6- Considering the ground mentioned in the application, adjournment granted as last chance.
Adjd. To 26/10/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. G.S. Bhat for Plaintiff present.
None for Defendant Nos. 1 to 3.
Adv. Mrs Rawade h/f. Adv. Mrs. Chavan for defendant no.4 and 5 / MCGM present.
Adv. Mr. Harish Pawar for applicant present.
Matter is adjd to 18/11/2021 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Baboo h.f. Adv. G.S. Bhat for Plaintiff present.
None for Defendant Nos. 1 to 3.
Adv. Chavan for Defendant No. 4 and 5 present.
Adv. Harish Pawar for applicant present and requests for time to argue on Ch/s. Time is granted till next date.
Matter is adjd to 25/01/2022 for NM and Ch/s. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
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 03.03.2022 for NM / Ch/S hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv G.S. Bhat for plaintiff present.
None for defendant no.1.
Adv Pradip Zende for defendant nos.2 and 3 present.
Adv Mrs Rawade h/f Adv Chavan for defendant nos.4 and 5/ MCGM present.
Adv. Harish Pawar for applicant present.
K.B.
L.O. at 4.25 p.m.
Same appearances as above.
Heard Ld Adv for applicant and Ld Adv for plaintiff on Ch/s No.1453/2018.
Adjd. to 15/03/2022 for order on Ch/s No.1453/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv Baboo h/f Adv G.S. Bhar for plaintiff present.
None for defendant no.1.
Adv Pradip Zende for defendant nos.2 and 3 present.
Adv Mrs Chavan for defendant nos.4 and 5/ MCGM present.
Adv Tapal h/f Adv Harish Pawar for applicant present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 19/03/2022 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Baboo h.f. Adv. R.G.Bhat for Plaintiff present.
None for Defendant Nos. 1 to 3.
None for Defendant Nos. 4 and 5/MCGM, T/Ward.
Adv. Pawankumar Tiwari h.f. Adv. Harish Pawar applicant present.
F.R.S.R. Following order is passed on Ch/s No.1453/2018.
ORDER
1. The prayer clause (a) in CS No.1453/2018 is allowed and made absolute.
2. Plaintiff is directed to carry out the amendment within stipulated period by amending the plaint.
3. Plaintiff further directed to serve the copy of amended plaint to all the defendants.
4. CS No.1453/2018 is disposed off accordingly.
Adjd. To 16/04/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Plaintiff and advocate absent.
Mr Sapkal, the Clerk of plaintiffs advocate present and seeks time to carry-out the amendment. Time is granted till next date.
None for defendant no.1 to 3.
None for defendant no.4 and 5/ MCGM.
Adv Pawankumar Tiwari h/f Adv Harish Pawar for applicant present.
Adjd. To 05/05/2022 for compliance.
Next Purpose: COMPLIANCE
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.
Adjd. To 28/06/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Babu h/f Adv. G. S. Bhat for plaintiff present.
None for deft. Nos. 1 to 3.
Adv. Mrs. Rawade h/f Adv. Chavan for defendant Nos. 4 and 5 / MCGM is present.
Plaintiff is directed to take necessary steps for amendment.
Adjd. to 14/07/2022 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. G. S. Bhat for plaintiff present and tendered application for extension of time to carry out amendment, TOR and marked as Exh. 7. O - Other side to say.
None for deft. Nos. 1 to 3.
Adv. Mrs. Chavan for defendant Nos. 4 and 5/ MCGM is present.
Adv. for deft. No.  4 and 5 has given say to application Exh. 7.
Heard both sides on Exh. 7.
Following order is passed on Exh. 7-
O R D E R 1. The plaintiff filed this application seeking condonation of delay occurred in carrying out amendment in view of order dated 19/3/2022 in Chamber Summons No.1453/2018. It is contended that after passing of the order in Chamber Summons the matter was adjourned to 16/4/2022 for compliance and thereafter to 5/5/2022. In the month of May and partly in June advocate for plaintiff was not in Mumbai due to Summer Vacation. The plaintiff also intended to file Writ Petition as the order is not proper. The Society was not in a potion to take immediate decision. In such circumstances, there is delay in carrying out amendment. 2. The defendant/Corporation submitted to pass necessary order. 3. The other defendant did not file reply. 4. Heard learned advocate for the plaintiff.  5. Learned advocate for the plaintiff submitted that this Court has allowed Chamber Summons to carry out amendment in the plaint. However, there is delay in carrying out amendment, for the reasons mentioned in the application. He submitted that there is some delay on the part of the plaintiff. However, it is not intentional and deliberate and, therefore,  the delay may be condoned. Learned advocate for the plaintiff relied on the judgment of the Hon\''ble Bombay High Court in Salmona Villa Co-operative Housing Society Limited Versus Mary Fernandes and Others 1997 (2) Bom. C.R.470 in which it is held that the exercise of discretion by trial Court is expected to advance the cause of justice and not lead to avoidable litigation by way of revision or appeal and, therefore, rejection of application for delay condonation in carrying out amendment was not in accordance with sound legal principle and, therefore, the Hon\''ble High Court allowed the revision and set aside the order of the trial Court rejecting the delay condonation application. 6. In the case in hand, the plaintiff contended that its advocate was out of Mumbai due to Summer Vacation. So also it intends to challenge the order hence there is delay. It appears that the delay is not deliberate or intentional. Therefore, considering the facts and judgment of the Hon\''ble High Court in Salmona Villa (supra) relied by the plaintiff the application deserves to be allowed. Hence I pass the following order -
O R D E R 1. Application Exhibit-7 is allowed. 2. The delay in carrying out amendment is hereby condoned. 3. The plaintiff to carry out necessary amendment in view of order dated 19/3/2022 passed in Chamber Summons No.1453/2018 within two weeks. 4. Application Exhibit-7 stands disposed of accordingly. Adjd. to 28/07/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Baboo h.f. Adv. G.S. Bhat for Plaintiff present.
None for Defendant Nos. 1 to 3.
Adv Mrs Smita Chavan for defendant nos. 4 and 5/BMC present.
Adv. Harish Pawar for applicant present.
Adv. For Plff requested to keep the matter back after recess as his senior advocate Mr. G.S. Bhat is not present now. Hence, kept back.
L.O. at 3.20 p.m.
Adv. G.S. Bhat for Plaintiff present.
Rest of the same appearance.
Adjd. to 25/08/2022 for compliance/dismissal.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Rushikesh Kekade for plaintiff present and filed V/P, TOR and marked as Exh.8 and also submitted that he has challenged order passed in Ch/S No.1453/2018. Hence, time is granted for compliance.
None for deft. Nos.1 to 3.
Adv. Mrs. Chavan for defendant Nos.4 and 5/ BMC is present.
Adv. Harish Pawar for applicant present.
Adjd. to 18/10/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Rushikesh Kekane for plaintiff present and submitted that they have challenged order in CS impleading applicants as defendants before Hon\''ble High Court and said it is pending. Hence, time may be granted to comply the order passed in CS. Hence, time granted.
None for D/1 to D/3.
Adv. Mrs. Tondwalkar h.f. Adv. Rawade for D/4 and D/5 BMC is present.
Adv. Surbhi Gujar h.f. Adv. Harish Pawar for applicant present.
Adjd. to 06/12/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv. Rushikesh Kekane for plaintiff present and submitted that they have challenged order in Ch/S impleading applicants as defendants before Hon\''ble High Court and said it is pending. Hence, time may be granted to comply the order passed in Ch/S. Hence, time granted.
None for defendant Nos.1 to 3.
Adv. Mrs. Rawade for defendant Nos.4 and 5/ BMC is present.
None for applicant present.
Adjd. to 10/01/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As per Officer Order No.263/2022 dated 28/12/2022, H.H.J. is relieved at 02.00 p.m. today for interview/ Viva-voce for promotion to the post of District Judge by Regular Promotion (65 percent) to the Hon\''ble High Court, Bombay, board of afternoon session is discharged and matter is adjourned.
Adjd. to 09/02/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2023

Date: 09-02-2023

Date: 27-04-2023
Business: Adv. Rushikesh Kekane for plaintiff present and submitted that plaintiff has filed challenge order dated 19.03.2022. he further submitted that so matter be adjourned.
None for defendant no.1 to 3.
Adv. Mhatre for defendant no. 4 and 5/ BMC is present.
Adv. Charushila Gorad h.f. Adv. Harish Pawar for applicant present and submitted that suit be dismissed for non compliance order dated 19.03.2022.
Both the advocate submitted that there is no stay to the suit. It is well settled that mere filing of writ petition does not amount stay to the suit. The plaintiff has not complied the order,hence adjourned for necessary order.
Adjd. to 04.07.2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: PO Court is on leave18
Next Purpose: ORDER
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Advocate Rushikesh Kekane for plaintiff present and submitted that WP has been dismissed and he will comply the order and seeks time. Hence short date is granted to comply the order.
None present for defendant NO. 1 to 3
Advocate Mhatre for defendant No.4 and 5/BMC present.
Adv.  Pawan Tiwari h/f Harish Pawar for Applicant present.
Adjd to 05.09.2023   for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate Rushikesh Kekane for plaintiff present.
Adv. Tiwari for Applicant No. 6 to 12 in ch/s No.  present and seeks time to file WS. Hence time is granted.
None present for deft No. 1 to 3.
Advocate Mhatre for defendant No. 4 and 5/BMC present.
This suit is of year 2018 and deft No. 1 appeared through Adv. Landge. Deft No. 1, 4 and 5 not filed WS within prescribed time limit. Hence suit to proceed without WS by deft No. 1, 4 and 5. hence matter adjourned for WS by deft No. 6 to 12.
Adjd  to  21.11.2023   for WS by deft No. 6 to 12
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Rushikesh Kekane for plaintiff present.
Adv. Shivam Gawade h/f Harish Pawar for deft No. 6 to 12 present and seeks time to file WS. Time is granted as a last chance.
Advocate Mhatre for defendant No. 4 and 5/BMC present.
None present for deft No. 1 to 3.
Adjd  to  05.12.2023    for  Filing WS by deft No. 6 to 12.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: None present for plaintiff
Adv. Harish Pawar for deft No. 6 to 12  present and seeks time to file WS However statutory period for filing WS is over. Hence matter adjourned for No WS order against deft NO. 6 to 12.
None present for deft No. 1 to 3
Advocate Mhatre for defendant No. 4 and 5/BMC present.
Adjd  to 23.01.2024   for No WS Order
L.O. 2.47 p.m
Adv. Rushikesh Kekane for plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Advocate Rushikesh Kekane for plaintiff present.
None present for deft No. 1 to 3.
Advocate Mhatre for defendant No. 4 and 5/BMC present.
Adv Harish Pawar for deft No. 6 to 12 tendered draft Notice of Motion @ affidavit in support alongwith WS
O- Leave granted to register NM. Copy is supplied to adv for deft/BMC and adv for plaintiff.
Adv for plaintiff requested time to file reply to NM.
Adjd  to 27.02.2024  for NM reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Advocate Rushikesh Kekane for plaintiff present.
Advocate Jyoti Mhatre-Patil  for defendant No. 4 and 5/BMC present.
None present for deft No. 1 to 3.
Adv. Shivam Gawade h/f Harish Pawar for deft No. 6 to 12 present and tendered NM No.  871/2024.
Later on 5.45 p.m.
None present for plaintiff
Adv for deft/BMC tendered draft Notice of Motion @ affidavit in support alongwith WS. Copies are already supplid to adv for plaintiff.
O- Leave granted to register NM.
Adjd  to   21.03.2024   for Reply on both NM by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: As Court is busy in ad-interim hearing, NM Hearing and dictating order in ch/s. hence matter adjourned.
Adjd  to  04.07.2024   for Reply on both NM by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Advocate Rushikesh Kekane for plaintiff present and tendered reply to draft NM No. 871/2024 and draft NM.
Advocate Waghmare for defendant No. 4 and 5/BMC present.
Adv  Shivam Gawade h/f Harish Pawar for deft No. 6 to 12 present.
None present for D- 1 to 3.
BMC directed to get register NM within week
Adjd  to 11.07.2024    for NM hearing
Later on 4.47 p.m
Adv. Sarvesh Tiwari h/f G. S. Bhat for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: None present for plaintiff.
Advocate Metakari  for defendant No. 4 and 5/BMC present
Today matter is fixed for NM Reply
None present for Deft No. 1 to 3 and 6 to 12
NM No.871/2024 is pending for hearing but none present for deft No. 6 to 12, hence NM kept for dismissed in default.
keep back
Later on 4.45 p.m
Same appearance
Heard argument of adv for deft/BMC on draft NM.
None present for plaintiff, hence no argument. Matter adjourned for Order on both NM.
BMC directed to get register NM till next date
Adjd  to 30.07.2024  for order on both NM
Next Purpose: NM  ORDERS
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: None present for plaintiff
Advocate Nagarthawar   for defendant No. 4 and 5/BMC present and tendered NM No. 3205/2024.
None present for deft No. 1 to 3 and 6 to 12.
keep back
Later on 3.39 p.m
None present for plaintiff
Adv. Shivam Gawde a/w Pawankumar Tiwari h/f Harish Pawar for deft No. 6 to 12 present.
F.R.S.R. Following order is passed on Notice of Motion No. 3205/2024.
ORDER
1  Notice of Motion is hereby made absolute in terms of prayer clause (a) and ( b)
Exh. 09-  WS of defendant No. 4 and 5/BMC. Copy be supplied to other side.
Heard argument of Adv for deft No. 6 to 12 on NM No. 871/2024.
F.R.S.R. Following order is passed on Notice of Motion N. 871/2024
ORDER
1  Notice of Motion is hereby made absolute in terms of prayer clause (a) and ( b)
Exh. 10   WS of deft No. 6 to 12
Copy be supplied to other side
Adjd  to 21.09.2024  for Hearing on NM No 383/2018 / draft issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ravi Kamble h/f Kekane for plaintiff present and submitted that Sr. Adv Kekane is not well and requested time to argue NM.
Advocate  Nagarthawar  for defendant No. 4 and 5/BMC present.
None present for deft No.  1 to 3
Adv. Vipul h/f Harish Pawar  for deft No. 6 to 12 present.
Adjd  to  05.11.2024    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Rushikesh Kekane for plaintiff present and requested time to argue NM. Time is granted as a last chance as NM is six year old.
Advocate Nagarthawar for defendant No.4 and 5 /BMC present.
Adv.  Vipul h/f Harish Pawar for deft No. 6 to 12 present.
None present for deft no. 1 to 3.
Adjd  to  05.12.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Advocate Nagarthawar for defendant No. 4 and 5/BMC present.
None present for deft No. 1 to 3.
Adv. Harish Pawar for deft No. 6 to 12 submitted that plaintiff has not carry out amendment in NM and not served amended plaint as well as NM. However none present for plaintiff. Hence matter adjourned for necessary order.
Adjd  to  30.01.2025   for NM Hearing/ Necessary order
Later on 3.35 p.m
Adv. Praful Valvi h/f Rushikesh Kekane for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Rushikesh Kekane for the plaintiff is present and sought time to supply copy of NM to defendant Nos. 6 to 12. Time is granted. Adv. Ms. Pooja Nagarthwar for defendant Nos. 4 and 5/ MCGM is present. Adv. Mr. Harish Pawar for defendant Nos. 6 to 12 is present. Rest of the defendant are absent.
Adjourned for compliance/NM hearing  to 18-03-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R.No. 04)
Adv. Mr. Rushab Choukekar h/f Adv. Mr. Rushikesh Kekane for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant Nos. 4 and 5/MCGM is present. Adv. Mr. Shivam Gawade h/f Adv. Mr. Harish Pawar for defendant Nos  for 6 to 12 is present. He informed that yesterday, he received copy of NM and sought time to file NM Reply. Time is granted. Rest of the defendant are absent.
Adjourned for NM reply by defendant Nos. 6 to 12.to 15.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Rushabh Chaukekar h/f Adv. Mr. Rushikesh Kekane for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant Nos.4 and 5 /MCGM is present.
Adv. Mr. Shivam Gawade i/b Adv. Mr. Harish Pawar for defendant Nos. 6 to 12 is present and filed pursis Taken on record. It is marked as Exhibit 11. O- Seen.  and submitted that their written statement be treated as reply to NM No. 383/2018.
Adjourned for hearing on NM NO. 383/2018 to 09.10.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Rushabh Choukekar h/f Adv. Mr. Rushikesh Kekane   for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant Nos. 4 to 5/MCGM is present.
Adv.  Mr. Kanekar h/f Adv. Mr. Harish Pawar for defendant Nos. 6 to 12 is present.
Adjourned for hearing on NM No. 383/2018 to 27.11.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2025

Date: 27-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms.  Rupali Patil  for defendant No. 4 and 5/MCGM is present.
Adv. Sonal Bhoir h/f Adv. Harish Pawar for defendant Nos. 6 to 12 is present.
Adjourned for hearing on NM No. 383/2018 to  06.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Rushikesh Kekane for the plaintiff is present.
Adv. Ms. Vidya Vyavhare h/f Adv. Patil for defendant No. 4 and 5/MCGM is present.
Adv. Harish Pawar for defendant No. 6 to 12 is present.
Adjourned for NM hearing to 12.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Rushabh Choukekar h/f Adv.  Rushikesh Kekane for the plaintiff is present and seeking time to argue NM. O -Granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for NM hearing to 09.04.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: P. O. is on Official Training. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv. Rudra Kanekar h/f Adv. Mr. Harish Pawar defendant No. 6 to 12 is present.
Adjourned for NM hearing .to 20.08.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv. Darshan Jain h/f Adv. Mr. Harish Pawar for defendant No. 6
to 12 is present.
Adjourned for NM hearing to 22.10.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2026

NOTICE OF MOTION/100871/2024
NOTICE OF MOTION/103205/2024
CHAMBER SUMMONS/101453/2018
NOTICE OF MOTION/100383/2018

Registration Number: 100183/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100993/2018
Filing Date: 17-01-2018
First Hearing Date: 16th March 2018
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE