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MISC APPEAL

Laxmi B. MetkariVsExecutive Engineer +1 more

CNR MHCC01001005201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 09th March 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100034/2019
Registration Date
29 Jan 2019

Advocates

2

For Respondent

Parties

3

Acts & Sections

1
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 7

Case History / Proceedings

Case History
Date: 31-01-2019
Business: Adv. Aseem Naphde for appellant present.
Adv. M.B. Jadhav for respondent present.
Exh.2Stay application.
Ld. Counsel for respondent seeks time to file reply to stay and R and P.
Adjd. to 25/02/2019 for reply and R and P.
In the meantime the execution of impugned order is stayed till next date.
Next Purpose: REPLY
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: CORAM H.H.J. S.A. QUAZI, 2nd Addl. Principal Judge (C.R.NO.04) (Matter pertains to C.R. No.19)
Appellant is present.
Adv for respondent M.A.Jadhav is present and has filed reply (Exh.2A) to Stay application. He has also filed R and P alongwith covering letter (Exh.3) duly signed by Adv for respondent and Estate Officer. As the C.R.19 is presently vacant, matter is adjd. to.05.04.2019 for Hearing on Stay application.
Next Purpose: HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Representative of appellant present.
None present for respondent.
Adjd. to 11/06/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Appellant present.
Adv. M.B. Jadhav for respondent present.
At the request of appellant, adjd. to 04/07/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Mr.Abhishek Metkari, son of appellant is present.
None present for respondent.
Adjd. to 05.08.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Son of Appellant present.
None for respondent.
Adjd to 23.09.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Son of appellant is present.
Adv.Aseem Naphade i/b M/s.M.P.Rege and Co. for appellant is present.
Adv. M. B. Jadhav for respondent is present.
Mr.Ramesh Talpade, Sectional Engineer for respondent is present.
As the Court is busy in hearing arguments in Misc Appeal No.187/2018, adjourned to 22.10.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Mr.Abhishek Metkar, son of appellant is present.
Advocate for appellant is absent.
Mr.Ramesh Talpade, Section Engineer (PWD), North Mumbai Div., Andheri, Mumbai-58 for respondent is present.
Adv. M. B. Jadhav for respondent is present and submits that State Govt has appointed Adv. Mr.Abad Ponda as Govt. Pleader for the State.
Adv. Abad Ponda for respondent is present and undertakes to file appointment letter and vakalatnama on next date.
Adjourned to 21.11.2019 for Hearing.
Later on
Exh.4 - Representative of respondent filed o/c copy of letter of appointment of Adv. Abad Ponda on A Panel Counsel, High Court for appearing and conducting the matter on behalf of the State of Maharashtra.
Exh.5 - Vakalatnama filed by Adv. Abad Ponda on behalf of respondent No.1.
Next Purpose: HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Mr.Abhishek Metkar, son of appellant is present.
Advocate for appellant is absent.
Adv. Abad Ponda for respondent No.1 is present.
Adv. M. B. Jadhav for the State/respondent is present.
Exh.6 - Memo of appearance filed by Adv. M. B. Jadhav.
Adjourned to 06.12.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Mr.Abhishek Metkari, son of appellant is present.
Advocate for appellant is absent.
Mr.Ramesh Talpade, Section Engineer (PWD), North Mumbai Div., Andheri, Mumbai-58 for respondent is present.
Advocate for respondent is absent.
Adjourned to 20.12.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Son of appellant is present.
Advocate for appellant is absent.
Adv. Abad Ponda for respondent No.1 is present.
At the request of son of appellant, adjourned to 07.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Son of appellant is present.
Advocate for appellant is absent.
Adv. Abad Ponda for respondent is present.
Adv. M. B. Jadhav for the State is present.
Already adjourned for hearing since last five dates at the instance of appellant.
Son of appellant submits that his advocate as well as counsel is not available and requests to adjourn the matter beyond 25th January.
Adjourned to 29.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv. Sachit Bhogale i/b M/s. M. P. Rege and Co for appellant is present.
Adv. Abad Ponda for respondent is present.
Mr.Ramesh Talpade, Section Engineer (PWD), North Mumbai Div., Andheri, Mumbai-58 for respondent is present.
Adv. M. B. Jadhav for the State is present.
Advocate for appellant requests adjournment as his counsel is not available today.
At the request of advocate for appellant the matter is adjourned.
Since both the parties choose Saturday as a convenient day for them. Hence adjourned to 29.02.2020 for Hearing as a last chance.
Next Purpose: HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Son of appellant is present.
Adv. Abad Ponda for respondent is present.
Adjourned to 20.03.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Son of the Appellant present.
None present for the respondent.
Due to outburst of Covid -19 there is direction from the Honble Hight Court to take urgent matters like bail, remand work, interim injunction and stay application, hence matter is adjd. to 9.04.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 03.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Both sides absent. Due to COVID-19 adjourned to 26.10.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 26.11.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: None present for appellant.
Adv. Abad Ponda a/w Adv. M. B. Jadhav for respondents present.
Ld. Sr. Counsel Mr. Abad Ponda for the respondent submits that after obtaining interim relief, appellant is avoiding to attend the court and he is taking benefit of Covind-19 situation although the interim relief is granted on 31.01.2019 untill next date and has not been extended. However the respondents are unable to take action because of the pendency of the appeal.
As such appellant to remain present on next date and ensure that the matter is argued.
Adjourned to 15.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Sachit Bhogale a/w Adv. Aseem Naphade i/b M/s. M. P. Rege and Co for appellant present.
Adv. Abad Ponda for respondent is present.
Ld. advocate for appellant seeks time to file application for filing additional affidavit and placing on record documents alongwith affidavit. Time granted by way of last opportunity.
Adjourned to 22.12.2020 for filing additional affidavit.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv. Satchit Bhogle i/b M. P. Rege and Co for appellant is present.
Mr. Ramesh Talpade, Section Engineer (PWD), North Mumbai Div., Andheri, Mumbai-58 for respondent is present.
Advocate for appellant seeks leave to register notice of motion for producing and bringing on record an additional affidavit. He also files additional affidavit Leave granted. Notice of Motion be registered.
Adjourned to 04.01.2021 for Reply to N/M.
Next Purpose: REPLY
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv. Asim Naphade i/b M. P. Rege and Co for appellant is present.
Adv. Vijay Shelar a/w Adv. M. B. Jadhav h/f Adv. Abad Ponda for respondent present.
Ld. counsel for respondent submits that reply would be filed during the course of the day and hence adjourned for hearing on that application.
Advocate for respondent files reply to N/M. TOR and marked as Exh.6.
Adjourned to 16.01.2021 for Hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv. Satchit Bhogle i/b M. P. Rege and Co for appellant is present.
Adv. Abad Ponda a/w Adv. M. B. Jadhav for respondent present.
Adjourned to 29.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Aseem Naphade a/w Adv. Satchit Bhogle i/b M. P. Rege and Co for appellant present.
Adv. Abad Ponda a/w Adv. Vijay Shelar and Adv. M. B. Jadhav for respondent present.
Notice of Motion to be heard alongwith the appeal.
Partly heard Ld. Adv. Aseem Naphade for appellant.
Adjourned to 06.02.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Aseem Naphade a/w Adv. Satchit Bhogle i/b M. P. Rege and Co for appellant present and tenderes original registered Notice of Motion No.305/21.
Adv. Abad Ponda a/w Adv. Vijay Shelar and Adv. M. B. Jadhav for respondent present.
As court is busy in hearing final arguments of very old suit No.7464/83, matter adjourned to 20.02.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Ld. counsel Mr. Aseem Naphade a/w Adv. Satchit Bhogle i/b M. P. Rege and Co for appellant present.
Ld. counsel Mr. Abad Ponda a/w Adv. M. B. Jadhav for respondent present.
Heard Ld. counsel Mr. Abad Ponda for respondent.
Also heard arguments in reply of parties.
Adjourned to 09.03.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Son of appellant is present.
Ld. counsel Mr. Aseem Naphade i/b M. P. Rege and Co for appellant present.
Adv. M. B. Jadhav for respondent present.
Judgment is dictated and pronounced in an open court.
Exh.7 - Judgment.
F.R.S.R. Following order is passed.
ORDER
Misc. Appeal No.34 of 2019 stands dismissed.
In view of disposal of Misc Appeal, pending Notice of Motion No.305 of 2021 is disposed off accordingly.
   Ld. counsel for appellant seeks continuation of interim relief for a reasonable period enabling him to approach before the Honble High Court. Interim relief is continued for a period of four weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 09-03-2021

Additional Case Details

Additional Case Details
Filing Number: 101123/2019
Filing Date: 25-01-2019
First Hearing Date: 31st January 2019
Decision Date: 09th March 2021
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
09 Mar 2021

Order Details: Copy of Judgment Pdf Text: Laxmi B. Metkari Vs. 1. Executive Engineer & Ors. *Received on : 25/01/2019 Registered on : 29/01/2019 Decided on : 09/03/2021 Duration : Y-02: M-01: D-12 : Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISCELLANEOUS APPEAL NO.34 OF 2019 (CNR NO.MHCC01-001005-2019) Laxmi B. Metkari, Adult, Indian Inhabitant, R/at: Sankalp Siddhi Tower, A-Wing, Room Nos.103 & 104, 1st Floor, E.S.Patanwala Marg, Byculla(East), Mumbai-400 027 ... Appellant Versus 1.…

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