Order Details: Other Pdf Text: 23.12.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 560/18 Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present. Adv. Sangita Honmane for defendant/BMC present. In this matter plaintiff filed suit withdrawal application Exh. 24 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Hon’ble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He…
SUIT - SHORT CAUSE CIVIL SUIT
Indus Towers LimitedVsMCGM +1 more
CNR MHCC0100116220185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd December 2025
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 100560/2018
- Registration Date
- 22 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
2Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Terrorist and Disruptive and Activities (Prevention) Act · Sec MRTP Act
Case History / Proceedings
Case History
Date: 23-02-2018
Business: Resumed.
Adv. Amit Khairvar holding for Adv. Dalal for plaintiff tenders registered NM No. 761/2018. Adv. Chandramore has already filed reply. O - R and R.
Additional affidavit is also filed by the plaintiff.
Earlier order, if any, to continue till the next date.
Adjd. for arguments to 26.02.2018
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2018
Date: 26-02-2018
Business: Resumed.
Adv. Dalal for plaintiff, Adv. Chandramore for BMC are prsent.
The P.O. is busy in orders on NM No. 4296/2016 in Suit No. 1000/2016 and NM No. 744/2018 in Suit No. 2511/2016 for want of time the board is discharged. Earlier order, if any, to continue till the next date.
Adjd. for NM arguments to 07.03.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-03-2018
Date: 07-03-2018
Business: Resumed.
The P.O. is busy in Judgment in Suit No. 944/2011 and judgment on preliminary issues in Suit No. 1498/2012 and orders on bail application in Sessions Case No. 48/2018 and 90/2018. For want of time the board is discharged. Earlier order, if any, to continue till the next date.
Adjd. for NM arguments to 12.03.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2018
Date: 12-03-2018
Business: Resumed.
Heard, Adv. Dalal for plaintiff, and Adv. Chandramore for BMC on NM No. 761/2018. Earlier order if any to continue till the next date.
Adjd. for orders on NM no. 761/2018 to 20.03.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 20-03-2018
Date: 20-03-2018
Business: Resumed.
The Stenographer is on leave.
Adjd. for NM orders to 26.03.2018
Next Purpose: NM ORDERS
Next Hearing Date: 26-03-2018
Date: 26-03-2018
Business: Resumed.
Adv. parmar for plaitniff, Adv. Chandramore for BMC
The P.O is busy in order on Ch/s No. 367/2018 in Suit No. 2159/2017 and Sessions Case No. 750/2012.
Adjd. for NM orders to 02.04.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 02-04-2018
Date: 02-04-2018
Business: Resumed.
The P.O. is busy in hearing of NM No. 698/2018 in Suit No. 402/2018 and NM No. 667/2013 in Suit No. 763/2013. For want of time the board is discharged. Earlier order if any to continue till the next date.
Adjd. for NM orders to 03.04.2018
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2018
Date: 03-04-2018
Business: Resumed.
Adv. Kapadia for plaintiff. Adv. Rawade holding for Adv. Chandramore for BMC are present. Heard Adv. Kapadia on letter dtd.14.11.2017 filed at Exh. C in affidavit in reply of plaintiff. Earlier order if any to continue till the next date.
Adjd. for orders on NM No. 761/2017 to 04.04.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 04-04-2018
Date: 04-04-2018
Business: Resumed.
The P.O. is busy in hearing of Suit No. 891/2018, 931/2018, 849/2018 and 850/2018 and Stamp No. 4852/2018. For want of time order on NM No. 1698/2014 cannot be passed. Earlier order if any to continue till the next date. Adjd. for orders on NM No. 1698/2014 to 05.04.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Ms. Patil for defendant. For the reason separately recored.
Following order is passed on N/M No. 761/2018
ORDER
1. Notice of motion no. 761/2018 is made absolute in terms of prayer clause (a) and (b) by retraining the defendant from demolishing the remaining towers standing at the terrace of Siddhi Society and disconnecting electricity supply till the final disposal of suit.
2. The plaintiff is also restrained from raising any further towers at the said site till disposal of suit.
3. Hearing of the suit is expedited and be completed by end of December 2018.
An ordinary copy of this order duly authenticated by Sherisdetar of this court be given to both the parties.
Adjd. for W/S of defendant to 19.04.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2018
Date: 19-04-2018
Business: Resumed.
Adv. Kapadia for plaintiff is present. The matter pertains to D ward. Adv. Chandramore is absent. Adv. Rawade seeks time to file w.s. Granted as last chance.
Adjd. For written statement to 04.05.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-05-2018
Date: 04-05-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 2/2018 and arguments/order on ad-interim reliefs in Suit No. 1117/2018, 1239/2018, 1139/2018 and 1234/2018. For want of time the board is discharged.
Adjd. for written statement to 17.07.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Resumed.
Adv. Shraddha for plaintiff is present.
The P.O. is busy in recording evidence in Sessions Case no. 421/2016 and order on NM No. 1768/2016 in Suit No. 1537/2016 and orders on Ch/s No. 667/2018 in Suit no. 1292/2011, Ch//s No. 668/2018 in Suit No. 1293/2011, Ch/s No. 669/2018 in Suit No. 1285/2011. Earlier order if any to continue till the next date.
Adj for written statement to 02.08.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: Resumed.
Matter pertains to D ward.
Adjd for written statement to 10.09.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Resumed.
Adv. Kapadia for plaintiff is present.
Adv. Ms. Patil for MCGM seeks time to file w.s. Granted as last chance.
Matter adjd for written statement or orders to 24.09.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Resumed.
Adv Mr. Irani h/f. Link legal for plaintiff is present.
Adv Ms. Patil for BMC is present.
She seeks time to file W/s. In the interest of justice granted as last chance.
Adjourned to 01/10/2018 for filing w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Resumed.
Adv. Irani for plaintiff and Adv. Ms. Patil for MCGM are present.
In order to maintain proper record following exh. Numbers are marked.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Adv. Ms. Patil filed written statement. O- R and R.
Exh. 7 - Compilation of documents. O- R and R.
Copies are served to plaintiff.
Adjd for issues to 12.10.2018.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Resumed.
Adv. Irani for plaintiff and Adv. Pradip Patil for MCGM are present.
Exh. 8 - Issues
Adjd for list of witness and evidence of plaintiff to 21.11.2018.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Resumed.
Adv. Irani for plaintiff present. Adv. Pradeep Patil for MCGM present. Advocate Irani seeks time to file affidavit, granted as last chance.
Adjd for evidence on 16/01/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Resumed.
The P.O. is on half day (first session) leave.
Adjd for evidence of plaintiff to 22.02.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. Irani for plaintiff present.
Adv. Smt. Patil for defendant no. /MCGM present.
Witness present.
Affidavit of evidence filed by Adv. of plaintiff. O- Filed.
List of documents. O- Filed.
Matter adjd. to 3.4.19 for Say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv.Mr.Irani for plaintiff present.
Adv.Smt.Patil for defendant/MCGM present.
Ld.Adv.of MCGM seeks time to file say. Time granted as last chance.
Matter adjd to 24.06.2019 for Say.
Next Purpose: FILING SAY
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: P.O. is on leave.
Matter adjd to 29.07.2019 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradip Patil for defendant/MCGM present.
Say filed by Adv.of BMC on Exh.10.
Matter adjd to 16.09.2019 for Order on Exh.10.
Next Purpose: ORDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Patil for defendant/MCGM present.
Order on Exh.10 -
All documents of Exh.10 being xerox copies can not be exhibited.
Matter adjd to 14/10/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plaintiff absent and Adv. Mr. present and seeks time for evidence. Time granted.
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 02/11/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Rawade for defendant/MCGM present.
Matter adjd to 04/03/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Mr. Irani for plaintiff present.
Adv. Mr.Suryavanshi for MCGM/deft present.
Matter is adjd to 10/06/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: As P.O. is on Leave, Hence Matter is adjd. to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv Kamini Suhas present for plaintiff.
Adv Soraan present for MCGM/defendant.
Till today plaintiff was not filed evidence.
Adv of plaintiff sought adjournment.
Matter adjourned for RE to 05.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Thirvan present for plaintiff.
Adv Soran present for defendant/BMC.
Exh. 11New pw 1 Pragandh Ketkale Present @ with advocate and submitted affidavit of chief examination Exh. 11
documents below Exh. 10 be Exhibited subject to objection.
Exh. 12 to 18As per compilation of document at Exh 10 the documents of serial No. 1 to 7 are exhibited as 12 to 18.
Matter adjourned to 08/03/2021 for cross.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv Amit Khairwal present for plaintiff and sought adjournment.
Adv Soraan present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 09.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Due to covid-19 pandemic matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
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: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: As presiding officer is on leave, hence board is discharged and matter is adjd.to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present for plaintiff.
Adv. Amol Diwate @ Adv. Soraan present for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for RE to. 05/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: None present for plaintiff.
Adv. Soraan present for MCGM/defendant.
PW no. 01 is absent.
As plaintiff and his adv. absent, Matter adjourned for dismissal order to 21/02/22.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Kamini Suhas present for plaintiff and sought adjournment.
Adv. Soraan present for MCGM/defendant.
PW no. 01 is absent.
Matter adjourned for cross examination of pw no. 01 /dismissal order of to. 23/03/22.
Next Purpose: DISMISSAL
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Kamini Suhas for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
It transpires that Plaintiff replace the evidence of earlier witness with new PW.1 Pragandh Tatkale. However said witness is also not present before the court for cross-examination. The adv for Plaintiff informed that again the ca of Plaintiff is change. The same can not be a ground for grant of adjournment time an again. Hence the evidence of PW. 1 is discarded and matter be posted for dismissal on next date.
Matter is adjd for dismissal on 19-08-2022
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv.Kamini Suhas for Plaintiff present and tendered affidavit of examination in chief of Punit Shukla TOR. Exh. 19 and also tendered list of documents. TOR. Exh.20
She also filed application for discarding earlier evidence. TOR. Exh.21.
O- Seen and filed treating it as pursis.
Adv. Mr. Diwate for MCGM/ defendant present.
Adv for Plaintiff assured that she will provide copy of evidence affidavit for deft on next date.
Matter is adjd for admission and denial on 07-09-2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: As court is busy in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv Amit Khairwal for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant present.
Matter is adjd for admission and denial on 17-02-2023
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv Kamini Suhas for Plaintiff present.
Adv Pradeep Patil for defendant/MCGM present.
Matter is adjd for admission and denial on 17-04-2023
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None present for plaintiff.
Adv. Patil for MCGM/defendant.
Plaintiff is directed to appear and lead evinced on next date without fail.
Matter adjourned for Admission Denial 26-06-2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 25.08.2023 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Adv. Patel i/b Link Legal for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 04.10.2023 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Ld. Adv. for MCGM has filed say on overleaf of the Exh. 20. TOR.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 01.12.2023 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Adv. Divya Patel i/b Link Legal India Law services for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 15.01.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Adv. Divya Patel i/b Link Legal None for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 01.03.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 10.04.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
Ld. Adv. for plaintiff has filed an application for permission to file fresh evidence. Taken on record and marked at Exh. 22. say filed by other side.
Order on Exh. 22
Considering the submissions of both sides, it reveals that evidence of earlier witness i.e. PW No.1 Mr. Puneet Shukla was filed on record who was acting as an legal head and he is supposed to have resigned from the plaintiff company. Hence, considering these circumstances, permission granted to file fresh evidence of another witness, as prayed for.
Matter is adjd to 01.07.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 05.08.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 13.09.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P O is on leave today.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd to 24.01.2025 for admission denial.
Later on at 12.00 noon Adv. Neha i/b Link Legal India Law Asso. Present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: None for Plaintiff.
Adv. Jawale for Defendant/MCGM present.
Matter is adjd to 07-03-2025 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 13.06.2025 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: Adv. Aishwarya i/b Link Legal India Law Services for plaintiff present.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 14.07.2025 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-07-2025
Date: 14-07-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Adv. Ayush Morande i/b Link Legal for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 03.10.2025 for Cross-examination of PW1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: Adv. Ayush Morande i/b Link Legal for Plaintiff present and requested for short adjournment. It is granted.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd to 12.12.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Mentioned by praecipe. Not on board. Taken on board.
Adv. Ayush Morande for Plaintiff present and filed an application for taking the matter on todays board. It is taken on record and marked at Exh.11.
He has also filed an application for permission to withdraw the suit. It is taken on record and marked at Exh.12. O- Other side to say.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 26.11.2025 for say on Exh.12.
Next Purpose: REPLY
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Adv. Ayush Morande for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 04.12.2025 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: Adv. Ayush Morande for Plaintiff present and requested time to file rejoinder. Time granted.
Adv. Sangita Honmane for defendant/BMC present and filed say Exh. 25 on application Exh.24.
Matter is adjd to 09.12.2025 for hearing on Exh. 24.
Next Purpose: HEARING
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: Adv. Ayush Morande for Plaintiff present and filed rejoinder Exh.26 for say filed on behalf of corporation vide Exh. 25 for suit withdrawal application Exh. 24. Copy served to other side.
He has also submitted for affidavit of Adarsh Divakar Pandey dated 15.11.2025 filed on record Exh. 27 on behalf of plaintiff be taken on record and it be marked separate exhibit number. In fact, plaintiff has already filed suit withdrawal pursis vide Exh. 24 so plaintiff has to explain the purpose for which present affidavit is filed and made request for exhibiting the same separately.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 11.12.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-12-2025
Date: 11-12-2025
Business: Adv. Ayush Morande for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 18.12.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-12-2025
Date: 18-12-2025
Business: Adv. Noel Thomas for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd to 23.12.2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present.
Adv. Sangita Honmane for defendant/BMC present.
In this matter plaintiff filed suit withdrawal application Exh. 24 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Honble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He has also submitted that, permission already granted by Government of Maharashtra, Telecommunication Department and based on said permission plaintiff do not want to proceed with the suit. The Adv for MCGM raised objection by filing detail say vide Exh. 25 and submitted that Defendant/MCGM has no objection for unconditional withdrawal only. In the circumstances, considering the contents in application Exh. 24 i.e. withdrawal application and submission made by advocate for plaintiff supported by filing additional affidavit of Adarsh Pandey Exh. 27 annexed with permission for lying utility intention form, it is clear that plaintiff is not interested to proceed with the suit. Therefore, plaintiff is allowed to withdraw the suit. Hence, Suit No. 560/2018 stands disposed of. Both parties are at liberty to act as per provisions of law.
Nature Of Disposal: OTHER
Disposal Date: 23-12-2025Additional Case Details
Additional Case Details
Filing Number: 101288/2018 Filing Date: 20-01-2018 First Hearing Date: 23rd February 2018 Decision Date: 23rd December 2025 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
23 Dec 2025
Order 1Full order available
23 Dec 2025
Order Details: Other Pdf Text: 23.12.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5 SU. 560/18 Adv. Zubin Dalal a/w Adv. Noel Thomas for Plaintiff present. Adv. Sangita Honmane for defendant/BMC present. In this matter plaintiff filed suit withdrawal application Exh. 24 stating therein that in view of Judgment in PIL No. 91/2023 dated 26.08.2025 passed by Hon’ble High Court, notice issued under MRTP Act 1966 now stands infructuous and therefore plaintiff want to withdraw the suit unconditionally. He…
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