Date: 20-01-2018
Business: Adv. Rajendra Pai i/b Apurva Bhat for appellant present.
Adv. Divate for respondent present.
Ld. Counsel for Corporation seeks time to produce R and P.
Exh.2Appellant files application for stay.
Heard both sides on stay application.
Ld. Counsel for corporation is ready to argue on stay application without filing reply.
Ld Counsel for appellant submits that during the pendency of the petition before Hon\''ble High Court the proceedings before the Hon\''ble High Court ordered status quo.
The impugned order is the order in Inquiry proceeding against which the appeal is preferred in this Court. The appeal being in continuation of earlier proceeding, in the interest of justice, parties to maintain status quo till filing of R and P.
Adjd. to 09/02/2018 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 09-02-2018
Date: 09-02-2018
Business: Adv. Pai with Adv.Apurva Bhat for appellant present.
Adv. A.V. Divate for respondent present.
Respondent files R and P. Copy furnished to appellant.
Adjd. to 21/03/2018 at 12.30 p.m. for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-03-2018
Date: 21-03-2018
Date: 23-04-2018
Date: 26-04-2018
Business: Adv. Pai for appellant present.
Adv. Vyas for respondent present.
Exh.3Appellant files application for amendment in appeal memo. Ld. Counsel requests to dispensed with the verification of the amendment application as the amendment is on the basis of the documents on record. Verification is dispensed with.
Respondent to file reply.
Adjd. to 15/06/2018 for reply/hearing on Exh.3.
Next Purpose: REPLY
Next Hearing Date: 15-06-2018
Date: 15-06-2018
Business: Adv. Apurva Bhat for appellant present.
Adv. Vyas with Adv. Divate for respondent present.
At the request of Ld. Counsel for respondent, by way of last opportunity, adjd. to 20/07/2018 for reply. Copy be furnished to other side in advance.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 20-07-2018
Date: 20-07-2018
Date: 25-07-2018
Date: 07-08-2018
Date: 14-09-2018
Business: Adv. Ms. Apurva Bhat for the appellant is present. Adv. Mr. Divate for respondent is present. Adv. for appellant filed application for leading additional evidence under Order 41 Rule 27 (a) and (aa) of Code of Civil Procedure - Exh. Resp. no.2 to serve copy of reply to other side in advance. Matter is adjourned to 28/09/2018 for reply and hearing.
Next Purpose: REPLY
Next Hearing Date: 28-09-2018
Date: 28-09-2018
Business: Adv. Apurva Bhat for appellant present.
Adv. Y.V. Lanjekar with Adv. Vyas with Adv. Divate for respondent present.
Ld. Counsel for appellant submits that Exh.4 be heard with final hearing.
Adjd. to 19/10/2018 at 1.00 p.m. for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Adv.Pai with Adv. Apurva Bhat for appellant present.
Adv. Vyas with Adv. Divate and Adv. Y.V. Lanjekar for respondent present.
Respondent files rejoinder.
Appellant files common rejoinder.
Appellant files common compilation V.
Adjd. to 19/11/2018 at 12.00 p.m. for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Adv. R.V. Pai with Adv. A.R. Pai i/b Adv. Apurva Bhat for appellant present.
Adv. Y.V. Lanjekar with Adv. Dharmesh Vyas and Adv. Diwate for respondent present.
Partly heard Ld. Counsel for appellant.
Adjd. to 06/12/2018 at 1.00 p.m. for further hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Date: 21-01-2019
Business: Adv. Apoorva Bhat for the appellant present. Adv. Divate for the respondent/BMC present. Adjd to 04.02.2019 for further hearing. Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Adv. Apurva Bhat for appellant present.
Adv. Y.V. Lanjekar with Adv. A.V. Diwate for respondent present.
It is submitted that Senior Counsel for the appellant is not keeping well.
Adjd. to 26/02/2019 at 12.30 p.m. for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI.
Adv. Neuty Thakkar for appellant present. Adv. Som Sinha with Adv. Yogita Lanjekar with Adv. A.V. Diwate for respondent present. Adjd. to 28/03/2019 for hearing. Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Date: 24-04-2019
Date: 11-07-2019
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. Ms. Apurva M. Bhat for Appellants present.
Adv. Mr. Dharmesh Vyas @ Mr. Som Sinha @ Amol Diwate @ Divya Vishwanath Lanjekar for Respondent/MMC present.
Earlier order, if any, to continue till the next date.
Matter adj. to 11/10/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Next Purpose: HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Adv. Apurva Bhat for appellant present.
Adv. Vyas @ Adv. Diwte and Adv. Som Shinha for respondent present.
On oral request of adv of appellant last chance is granted for final arguments to 04/12/2019.
E.O. if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Date: 22-01-2020
Date: 14-02-2020
Business: Adv. Apurva M. Bhat for appellant is present and submits that her senior Adv. Mr.Pai is not feeling well and seeks adjournment.
Ld. Counsel Dharmesh Vyas a/w Adv. Som Sinha, Adv. Amol Diwate and Adv. Yogita Lanzekar for respondent/MCGM present.
At the request of advocate for appellant, adjourned to 21.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Rajendra Pai a/w Adv. Aloukik Pai and Adv. Akshay Pai i/b Apurva Bhat for appellant present.
Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Landjekar and Adv. A. V. Diwate for respondent present.
As the court is busy recording evidence in part heard matter, hence adjourned to 28.02.2020 at 11.30 am for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Rajendra Pai a/w Adv. Aloukik Pai and Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant.
Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
Heard partly final arguments of advocate for appellant.
Adjourned to 06.03.2020 at 11.30 am for further Arguments of advocate for appellant.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Rajendra Pai a/w Adv. Akshay Pai and Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant present.
Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha, Adv. Lanjekar and Adv. A. V. Diwate for respondent present.
Heard further arguments of Adv. Rajendra Pai for appellants.
Adjourned to 13.03.2020 at 11.00 am for Arguments of advocate for respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Date: 20-03-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Date: 15-06-2020
Date: 10-07-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 03.11.2020 for hearing.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Date: 07-12-2020
Date: 17-12-2020
Business: Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant present.
Ld. Counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Yogita Lanjekar for respondent/BMC present.
As court is busy in dictating judgment, hence matter is adjourned to 15.01.2021 for Hearing at 12.00 noon.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Ld. Counsel Mr. Rajendra Pai a/w Adv. Akshay Pai and Adv. Nikita Dharamshi i/b Adv. Apurva Bhat for appellant present.
Ld. Counsel Mr. Dharmesh Vyas a/w Adv. Yogita Lanjekar, Adv. A. V. Diwate and Adv. Sam Sinha for respondent/BMC present.
Adjourned to 05.02.2021 at 12.00 noon for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Date: 25-02-2021
Date: 11-03-2021
Business: Ld. counsel Mr. Rajendra Pai a/w Adv. Akshay Pai and Adv. Apurva Bhat for appellants present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Sam Sinha for respondents/BMC present.
Heard further arguments of Ld. counsel Mr. Rajendra Pai for appellants.
Adjourned to 07.04.2021 for final arguments of Ld. counsel for respondents.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Apurva Bhat for appellant is present.
Ld. counsel Mr. Dhamresh Vyas a/w Adv. A. V. Diwate and Adv. Som Sinha for respondent/BMC present.
It is submitted that Ld. counsel Mr. Rajendra Pai for appellant is not feeling well and seeks adjournment.
Adjourned to 28.04.2021 for final arguments of Ld. counsel for respondents.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for appellant.
None present for respondent.
Due to COVID-19, matter adjourned to 14.06.2021 for final arguments of Ld. Counsel for respondents.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Date: 30-06-2021
Date: 19-07-2021
Date: 09-08-2021
Business: Ld. counsel Mr. Rajendra Pai i/b Adv. Apurva Bhat for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. R. M. Hajare for respondent/BMC present.
Ld. counsel for the parties submit that Appeal No.1/18 to 14/18 are exactly identical and as such they are taken up for hearing.
Partly heard Ld. counsel Mr. Rajendra Pai for appellant.
Adjourned to 11.08.2021 for further Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Ld. counsel Mr. Rajendra Pai a/w Adv. Aloukik Pai and Adv. Akshay Pai i/b Adv. Apurva Bhat for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC present.
Smt. Kavita Aaware, A.O. (Estate) a/w Smt. Rupali More, Rent Supervisor N-Ward for respondent/BMC present.
Heard final arguments of both the sides.
Advocate for appellant files common written submissions in Misc Appeal No.1/18 to 14/18. It is kept in Misc Appeal No.1/18.
Adjourned to 25.08.2021 for Order.
Earlier order, if any, to continue till next date.
Next Purpose: ORDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Akshay Pai i/b Adv. Apurva Bhat for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC present.
Judgment is pronounced in an open court.
Exh.5 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No. 6 of 2018 is partly allowed.
2. Order passed by the Enquiry Officer on 21.12.2017 directing eviction of the appellant is hereby set aside and matter is remanded back to the Enquiry Officer who shall ensure that same is completed within a period of six weeks from today after giving proper opportunity of hearing to the appellant.
3. The order dt. 12.12.2017 passed by the Enquiry Officer on applications dt. 25.10.2017 and 11.12.2017 is maintained.
R and P be returned back to the respondent.
Advocate for appellant files common application in Misc Appeal No.1/18 to 14/18 for stay of order dt.25.08.2021. TOR and marked as Exh.6. Application is kept in Misc Appeal No.1/18.
Appellant files application seeking stay to the order passed today since the order impleading the State of Maharashtra has been upheld. For the reasons given in the order in that regard and considering the fact that the matters are pending for the last more than 10 years in my view order passed today does not require to be stayed further, as such the request is rejected.
Nature Of Disposal: ALLOWED
Disposal Date: 25-08-2021