M/s. +1 moreVsMCGM +1 more

Date: 03-05-2018
Business: Adv. Mrs.Chimalkar for plaintiff present.
None for defendant.
Adv for plaintiff filed application for issuance writ of summons to the defendant no.2 on new address.
Matter is adj. to  14/09/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-09-2018

Date: 14-09-2018
Business: Adv. Mr. Parte for Plaintiff
None for Defendant
Adv for plaintiff filed application for issuance of fresh writ of summon upon the defendant no.2 on new address. O- read, heard, issue fresh writ of summons upon the defendant no. 2 on new address.
Matter is adjd. to 15/01/2019  for service report.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: None present
Matter is Adjd for Service on 01/03/2019
Next Purpose: SERVICE
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Adv for plff.Mr.Subnis present
Adv for plff. filed affidavit of service along with the bailiff report on deft no. 2 and There is affidavit I of service that summons are served on deft no 1 by bailiff on 04/04/2018
O-It appears deft no 1 and 2 fail to appear
Therefore, suit to proceed exparte against deft no.1 and 2
Matter is Adjd for Exparte Evidence on 19/04/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Matter transferred from Cr. no.09.
Adv. Anush Sabnis Present for the Plff.
None Present for the deft. no.1 and 2 Proceeded Ex-parte.
Ld counsel for the plff filed chief in affidavit of evidence. t.o.r.
Ld counsel for the plff filed compilation of the document. t.o.r.
Particular
The original deed of partnership dt. 15/07/1996.
The original certificate of registration dt. 29/10/1997 issued by Registrar of Firms alongwith description and nature of partnership firm.
The office copy of letter dt.14/02/2006 alongwith duly filed in form B duly received by the Registrar of firms on 16/02/2006 and receipt issued by office of Registrar of firms dt. 16/02/2006.
Form E dt.08/12/2010 duly submitted with Registrar of Firm.
Supplementary deed of partnership entered into between me and Mr. Percy Kutar thereby forming the plff firm.
Consortium Agreement dt.03/08/2006.
Photo copy of the agreement dt.12/01/2007.
Notorised copy of agreement dt. 12/03/2009.
Photocopy of letter dt. 06/04/2011.
Letter dt. 16/05/2011 and revised plans dt. 08/07/2011.
The photocopy of the draft tender dt.18/11/2011.
Photocopy of the minutes of meeting dt.15/09/2011.
Photocopy of final tender dt. 25/04/2002.
Photocopy of the office copy of letter dt.22/02/2013.
Photocopy of the office copy of letter dt.21/10/2013.
Photocopy of the office copy of letter dt.11/02/2004.
Photocopy of the letter dt.08/04/2014.
The office copy letter dt. 28/04/2014.
The letter dt. 02/12/2014.
The office copy of letter dt.05/12/2014.
The office copy of letter dt. 24/02/2015.
The office copy of letter dt. 08/05/2015.
Photocopy of the 9th RA bill dt.20/10/2015.
The office copy of letter dt.28/12/2015.
The office copy of letter dt.23/01/2016.
The office copy of letter dt.11/02/2016.
The copy copy of adv. Notice dt.11/04/2016 alongwith acknowledgement.
Show cause notice dt.19/07/2016 issued by the executive Engineer city School infrastructure cell of Deft no.1.
The office copy of letter dt.29/07/2016.
Notice dt. 04/09/2017 issued by deft no.1.
The office copy of adv. Notice dt. 14/11/2017 alongwith acknowledgement.
Reply dt. 23/11/2017 to the letter dt. 14/11/2017.
The office copy of advocate notice dt.12/1/2018 alongwith postal receipts.
Letter bearing no. DY/CESIC/15072/City dt.11/01/2018 issued by deft no.1 through its office of the City Engineer.
Ld counsel for the plff filed evidence closure pursis. t.o.r.
Adj. for Ex-parte argument on 04/06/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: Adv. Sabnis for plaintiff present.
Matter adjd to 25.06.2019 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Plaintiff present.
Defendant absent.
Adv. Mr. Sabnis for plaintiff present.
Advocate for defendant absent.
Matter adjd to 01.07.2019 for exhibit of  documents and argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Plaintiff present.
Defendant absent.
Advocate for plaintiff present.
Advocate for defendant absent.
Matter adjd to 11.07.2019 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 16.07.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 29.07.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: matter is adjourned
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Partner of the plaintiff is present.
Adv. Parte for plaintiff present.
None for defendant present.
Heard argument of advocate of plaintiff.
Matter adjd for further argument to 09.09.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Subnis for plaintiff present.
None for defendant present.
Matter adjd for Ex-parte Judgment to 23.09.2019.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: P.O. is on leave, Board is discharged
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Representative of Plaintiff is present.
Adv. A.P.Sabnis for plaintiff present.
Perused record matter adj for further argument on limitation and maintainability to 03.12.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: P.O. is on Training, Board is discharged...
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Representative of plaintiff present.
Adv. Parte for plaintiff present.
Matter adj for Re-argument to 26/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. N.S. Parate for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 29.02.2020 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. N.S. Parate h/f Prabhavalkar for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 09.03.2020 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Court is on Leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 25.06.2020 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Business: Due to Covid-19 lock down
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Business: Due to Corona pandemic.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 17/12/2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 14.01.2021 for Exparte Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 03.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Nilesh S. Parte I/b S. B. Prabhaalkan for the plff. Present.
Matter is adjd to 06.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Nilesh S. Parte I/b S. B. Prabhavalkar for plff. present.
Matter is adjd to 04.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Both the parties and their advocates are absent.
KB L.O. At. 11.45 a.m. call repeatedly.
Both the parties and their advocates are absent.
KB L.O. At. 12.30 a.m.
Both the parties and their advocates are absent.
Matter is adjd to 24.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 24.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 09.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Both the parties and their advocates are absent.
L.O. at 11.38 a.m.
Plaintiff absent
Defendant and his advocate are absent.
Adv. A. P. Sabnis for the plff present.
Matter is adjd to 28.09.2021  for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Adv Nilesh Parte for plaintiff present.
None for defendant.
Matter is adjd to 19.01.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present.
Matter is adjd for ex-parte argument to 16.02.2022
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv N.S. Parte for plaintiff present.
None for defendant.
Partly argument heard adv of plaintiff.
Matter is adjd for partly arguments on 25-02-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Court is on Leave
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: P.O. is on Training
Next Purpose: ARGUMENTS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: PO is on training.  Matter adj. to
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: PO IS ON LEAVE.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: None for Plaintiff.
Matter adjourned to 19.09.2022 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. N. S. Parte for plaintiff present.
None for defendant.
He submits that the service is complete and the matter is ready for final ex-parte arguments.
Adv. Mr. N. S. Parte argued finally for some time.  He took the Court through various papers placed on record.  The service affidavit dated 16.03.2018 shows that defendant no.1-Corporation  was duly served with the writ of summons.  However, surprisingly the defendant no.1-Corporation did not appear before this Court and suit was directed to proceed ex-parte.
In view of Sub Rule (3) of Rule 2 of Order XXXVII of CPC contemplates passing a decree on failure of the defendant to appear before the Court.  Therefore, learned Advocate for plaintiff is right in submitting that he is entitled for a decree as defendant no.1, has not caused appearance in the matter.
Defendant no.1 being a Municipal Corporation, is a public body.  On perusal of the suit and the documents annexed with it I find that the Corporation ought to have appeared in the suit.  The failure of Corporation to appear in the matter would indeed result in decree without appreciation of the evidence.  That may cause loss to the public Exchequer.
Therefore, by invoking power of Section 151 of CPC, I find it just and proper to issue a notice of final disposal to the Corporation so that there would be one more opportunity to the defendant no.1 to appear before this Court.  Hence, the order-
                                         Order
Issue notice through bailiff to the defendant no.1-Corporation intimating it that their failure to appear before this Court in the present suit would entail in decree of the suit.
Matter adjd. to 17.10.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv.Nilesh S.Parte h/f Adv.S.B.Prabhavalkar for plaintiff present.
Order dated 19/09/2022 with respect to sending notice through bailiff to defendant no.1 is not yet complied with.
Office to comply the same as earliest.
Matter is adj to 16/11/2022 for service report.
Next Purpose: REPORT
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv.Nilesh Parte i/b Adv.S.B. Prabhavalkar for plaintiff present.
Adv.Pradnya Chandramore appears for defendant No.1 and request to keep the matter back.
Second time matter called out at 3.19pm
Adv. Pradnya Chandramore appears for BMC defendant No.1 filed application (Exh-40)  O-Filed.
                      ORDER BELOW EXH-40
      Adv. Pradnya Chandramore for BMC defendant no.1 in response to the notice issued by this court and filed application seeking time to file vakalatnama and take necessary instruction for defendant No.1 Corporation.
           Adv.Nilesh Parte for plaintiff strongly objects the application.  He points out that though the summons served long back, defendant failed to cause appearance in this court. At the stage of final argument this court had again issued notice to the defendant and therefore defendants have caused appearance today.  He submits that this application would cause further delay in a proceeding.  Hence same be rejected.
         Considering the reason mentioned, I find it just and proper to grant short accommodation to the defendant No.1 to file vakalatnama and to take instructions.  Hence, Application Exh-40 is allowed.
Matter is adj to 29/11/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Plaintiff and his Adv.N.S.Parte i/b Adv.S.B.Prabhavalkar  are present.
None for defendant.
Kept back for some time.
Later on at 12.17pm
Ld.Adv.Gajanan Shinde for defendant requests to accept his vakalatnama.
Adv. For plaintiff objects for the same.
Admittedly ex-parte order passed long back on 01/03/2019.
As such in view sub rule 3 of rule 2 of order 37 of CPC, unless the delay in appearance is condoned, the vakalatanama can not be accepted.  Hence, request of the Ld.Adv. for defendant is refused.
On last date itself on application of defendant time was granted to take proper steps to file vakalatnama.  However, no proper steps as such are taken.  Ld.Adv. for defendant seeks one more opportunity as a last chance.
Considering the request made, time granted purely as a last chance.
Matter is adj to 06/12/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: NOBTOB by way of precipice filed by Adv.Gajanan Shinde for defendant/applicant. (Exh-41)   O-Filed.
He tendered draft Notice of Motion along with affidavit.
O-Leave is granted to register the Notice of Motion.
Defendant to serve the copy on other side and file report/affidavit tomorrow.
Matter is already adj to 06/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv.Suicruta A.Chimaucer i/b Adv.S.B.Prabhavalkar for plaintiff present.
Adv.Gajanan Shinde for defendant No.1 present.  He tendered registered N/M No.4569/2022 along affidavit.
Ld.Adv. for plaintiff seeks time to file reply.  Time granted.
Plaintiff to supply copy of reply in advance to the defendant No.1
Matter is adj to 23/01/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv.Nilesh Parte i/b Adv.S.B.Prabhavalkar for plaintiff present.   He filed reply to N/M No.4569/2022. T.O.R
Adv.Ekta Mistry i/b Adv.Gajanan Shinde for defendant No.1 present.
Copy served to the advocate for def.No.1.
Matter is adj to 03/03/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Nilesh S.Parte i/b Adv.S.B.Prabhavalkar for plaintiff present.
Adv.Gajanan D. Shinde i/b Adv.Chandramore for defendant  No.1 present.
As court time is over.
By consent, matter is adj to 14/03/2023 for hearing on N/M at 2.45pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Nilesh S.Parte i/b Adv.S.B.Prabhavalkar for plaintiff present.
Adv.Gajanan D. Shinde for defendant No.1 present.
Heard both the sides on N/M No.4569/2022
F.R.S.R following order is passed on N/M No.4569/2022.
ORDER
1.Notice of Motion No.4569 OF 2022 is allowed subject to cost of Rs. 10,000/-(Rupees Ten Thousand only).
2.Cost be paid to the plaintiff.
3.Defendant No.1 is hereby directed to deposit/pay cost within two weeks from the date of this order.
4.Notice of Motion No. 4569/2022 is disposed of accordingly.
Matter is adj to 28/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Amol Raut i/b Adv.S.B.Prabhavalkar for plaintiff present. He tendered draft Summons for Judgment along with affidavit.           O-Leave is granted to register the Summons for Judgment.
Adv.Gajanan D. Shinde for defendant No.1 present.
He filed pursis along with copy of Demand Draft paid to plaintiff towards the cost imposed by this court order dated 14/03/2023. Pursis T.O.R marked as Exh-42.
He also filed vakalatnama for defendant No.1 T.O.R marked as      Exh-43
Matter is adj to 21/06/2023 for reply on SJ.
Next Purpose: REPLY
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: P.O. is on Leave
Next Purpose: REPLY
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Adv. Nilesh Parte i/b Adv. S.B. Prabhavarkar for the plaintiff present.
Adv. Gajanan Shinde i/b Adv. Chandramore for the defenant no.1 present.
Adv for the plaintiff tendered the registered Summons for Judgment No.117/2023 along with affidavit in support. The defenant no.1 has already filed the reply to S/J on 06.04.2023.
Advocate for the plaintiff tendered rejoinder to the reply of summons for judgment.
Matter is adj to 06.10.2023 for hearing on S/J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Nilesh Parte for plaintiff is present.
Adv. Ekta Mistry i/b Adv. Gajanan Shinde  for defendant No. 1 is present and requested for adjournment making statement that advocate on record has personally difficulty and therefore, he is unable attend court. The counsel for the plaintiff has no objection for grant of adjournment. Adjournment is granted.
Matter is adj to 20.12.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Nilesh Parte for plaintiff is present and requested for adjournment.
Adv. Gajanan Shinde i/b Adv. Chandramore for defendant no.1 (BMC) is present and he has no objection for grant of adjournment.
Matter is adjourned to 21/02/2024 for summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Gajanan D. Shinde for defendant No.1 is present.
The matter is very old. Parties are given last chance to argue on Summons for judgment.
Matter is adj to 01.04.2024 for filing original documents and hearing on  Summons for judgment.
Later on at 1.55 pm
Adv. Nilesh Parte h/f Adv. S. B. Prabhavalkar for plaintiff is present.
Matter is adj to 01.04.2024 for hearing on  Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Court is on half day leave(first session).
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Both parties are given last chance to argue on summons for judgment.
Matter is adj to 15.07.2024 for filing original documents/hearing on summons for judgment.
Later on at 1.14 pm
Adv. Nilesh Parte i/b Adv. S. B. Prabhavalkar for plaintiff is present and filed draft chamber Summons along with affidavit in support. O-Leave is granted to register the draft chamber Summons.
Matter is adj to 15.07.2024 for filing registered chamber summons.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to register the Chamber summons.
Matter is adj to 26.08.2024 for filing registered Chamber summons.
Later on at 12.34 pm
Adv. Gajanan Shinde for defendant No.1 is present.
Matter is adj to 26.08.2024 for filing registered Chamber summons.
Later on at 12.52 pm
Adv. N. S. Parte for plaintiff is present and filed registered Chamber summons No.1463/24 along with affidavit in support.
Matter is adj to 26.08.2024 for filing affidavit of service/reply to Chamber summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte h/f Adv. S. B Prabhavalkar  for plaintiff is present.
Adv. Nafisa Asarwala h/f Adv. Gajanan Shinde for defendant No.1 is present and submitted that she has received Chamber summons and requested for adjournment to file reply. Adjournment is granted.
Matter is adj to 22.11.2024 for filing reply to Chamber summons.
Next Purpose: REPLY
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing.
Adv. Kajal Solanke h/f Adv. Gajanan Shinde for defendant No.1 is present.
Matter is adj to 17.12.2024 for filing reply/hearing.
Later on at 1.58 pm
Adv. Kajal Solanke h/f Adv. Gajanan Shinde for defendant No.1 is present and filed reply to chamber summons. Taken on record.
Matter is adj to 17.12.2024 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: ORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Gajanan Shinde for defendant No.1 is present (through VC).
Matter is adj to 23.01.2025 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte i/b Adv. S. B Prabhavalkar for plaintiff is present.
Adv. Gajanan D. Shinde for defendant No.1/BMC is present.
Heard counsel for both sides on chamber summons No. 1463/24
Matter is adj to 07.02.2025 for Order on Chamber summons No.1463/24.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing.
FRSR following order is passed on NM No.1463/24
Order
1.Chamber Summons No.1463 of 2024 is partly allowed, subject to cost of Rs.1000/- to be paid to defendant No.1 or deposit in the Court within 15 days.
2.The plaintiff is directed to carry out proposed amendment in plaint within stipulated period.
3.Plaintiff to file amended copy of plaint and to serve amended copy of the plaint to the defendants.
4.Chamber Summons No.1463 of 2024 is disposed off accordingly.
Matter is adj to 20.03.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing and requested for adjournment to serve the copy of amended copy of plaint to the defendant. Adjournment is granted.
Adv. Gajanan Shinde for defendant No.1 is present.
Matter is adj to 19.04.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 11.40 pm
Both parties and their advocate are absent.
Plaintiff is given last chance to take the steps.
Matter is adj to 24.06.2025 for taking steps.
Later on at 12.07 pm
Adv. Gajanan Shinde for defendant No.1 is present through video conferencing
Matter is adj to 24.06.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte i/b Adv. S. B. Prabhavalkar for plaintiff is present and filed pursis along with receipt about payment of costs of Rs.1,000/- to the defendant/BMC. TOR and marked as Exh-44. O-Filed. He further submitted that amended copy of plaint and Summons for judgment are served to the defendant.
The defendant and his counsel are absent.
Matter is adj to 14.07.2025 for hearing on Summons for judgment.
Later on at 1.12 pm
Adv. Natisa Asarwala h/f Adv. Gajanan Shinde for defendant No.1 is present.
Matter is adj to 14.07.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Kajal Solanki for defendant No.1 is present and requested for adjournment. Adjournment is granted.
Matter is adj to 30.07.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-07-2025

Date: 30-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing.
Adv. Kajal Solanki for defendant No.1 is present and submitted that reply to Summons for judgment may be treated as argument.
Keep back.
Later on at 12.27 pm
Adv. Nilesh Parte for plaintiff is present and filed an application for production of document along with additional affidavit in support of Summons for judgment. TOR and marked as Exh-45. O-Production is allowed. Plaintiff is directed to serve copy to other side.
Matter is adj to 13.08.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing
Adv. Kajal Solanki for defendant No.1 is present.
Keep back
Later on at 12.52 pm.
Adv. Nilesh Parte for plaintiff is present through video conferencing
The defendant and his counsel are absent.
Matter is adj to 15.09.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.08 pm.
The plaintiff and his advocate are absent.
Adv. Kajol Solanki for defendant No.1 is present.
Plaintiff is given last chance to argue on Summons for judgment.
Matter is adj to 10.10.2025 for hearing on Summons for judgment.
Later on at 12.32 pm.
Adv. Nilesh Parte for plaintiff is present through video conferencing
Matter is adj to 10.10.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: P.O. IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Manoj Parte h/f Adv. Nilesh Parte for plaintiff is present.
The defendant and his counsel are absent.
Keep back
Later on at 3.23 pm
Both parties and their advocate are absent.
Plaintiff was given last chance to argue on Summons for judgment. Plaintiff failed to argue on Summons for judgment. Hence. Matter is kept for dismissal order.
Matter is adj to 29.11.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte  for plaintiff is present.
The defendant and his counsel are absent.
KB
Later on at 12.10 pm
Adv. Nilesh Parte  for plaintiff is present.
The defendant and his counsel are absent.
Heard advocate for plaintiff on Summons for judgment.
Matter is adj to 12.12.2025 for hearing on Summons for judgment by defendant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.20 pm
Defendant is given last chance to argue on Summons for judgment.
Matter is adj to 03.01.2026 for hearing on Summons for judgment.
Later on at 1.59 pm
Adv. Kajal Solanke for defendant No.1 is present.
Matter is adj to 03.01.2026 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Kajol Solanki for defendant No. 1 is present and submitted that plaintiff has not served additional affidavit in support of Summons for judgment.
Plaintiff is directed to serve additional affidavit in support of Summons for judgment to the defendant No.1
Matter is adj to 23.01.2026 for hearing on Summons for judgment/ service of additional affidavit in support of Summons for judgment.
Later on at 11.19 pm.
Adv. Nilesh Parte for plaintiff is present through video conference.
Matter is adj to 23.01.2026 for hearing on Summons for judgment/ service of additional affidavit in support of Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nilesh Parte  for plaintiff is present.
Adv. Kajal Solanke for defendant No.1 is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 09.02.2026 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Kajal Solanki for defendant No.1 is present and requested for adjournment. Adjournment is granted subject to costs of Rs.1,000/- to be paid to DLSA within a week.
Matter is adj to 25.02.2026 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back
Later on at 12.20 pm
Adv. Nilesh Parte for plaintiff is present.
Adv. Shital Waghmare h/f Adv. Kajal Solanki for defendant No. 1 is present and requested for adjournment on the ground that ill health of advocate on record. Adjournment is granted as a last chance.
Matter is adj to 02.03.2026 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Rahul Mahadik for defendant is present.
Keep back.
Later on at 12.57 pm
The plaintiff and his advocate are absent.
Adv. Rahul Mahadik  with Adv. Kajal Solanke for defendants No.1 is present.
Heard advocate for defendant on Summons for judgment.
Matter is adj to 17.03.2026 for order on Summons for judgment.
Next Purpose: ORDER
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.03 pm
Adv. Rahul Mahadik for defendant No.1 is present.
FRSR following order is passed on SJ No.117/23
Order
1.Summons for judgment No. 117/2023 is  disposed of as follows-
(a)Defendant No.1 is  granted unconditional Leave to defend the suit and he is at liberty to file written statement on or before next date.
2.Summons for judgment No. 117/2023 is disposed of accordingly.
Matter is adj to 17.04.2026 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Adv. Kajal Solanke for plaintiff is present through VC.
Defendant and advocate absent.
KB
Later on 12.40 pm.
Both parties and their advocate are absent.
Defendant no.1 failed to file his written statement. Hence, matter be proceeded without written statement.
Matter is adj to 23/06/2026 for evidence of plaintiff.
                                                                                              Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: CORAM H.H.J.  SMT. V. G. UPADHYE  (C.R.NO.81)
Adv. Nilesh Parte for plaintiff is present through video conferencing
Adv S R Yadav for defendants No.1 h/c consel Raul Mahadik is present.
kept back
later on at 1.27 pm
The plaintiff and his advocate are absent.
Adv S R Yadav for defendants No.1 h/c consel Raul Mahadik is present and filed draft Notice of Motion along with affidavit in support. O-Leave is granted to register the draft Notice of Motion.
He also filed written statements. TOR.
Meenakshi Mane, Dy Municipal Architect (SIC) is present.
Matter is adj to 16-07-2026 for filing registered NM and service affidavit of NM.
                                                                                       Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: None present for the plaintiff.
Defendant absent. Adv. Kajal Solanke h/f Adv. Rahul Mahadik for defendant No. 1 present.
Oral requested time to registered NM as per order passed 23-06-2026. O- Time granted.
Matter adjourned to 06-08-2026 for filing registered NM.
                                                                                                  Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: PO is on training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Plaintiff absent. Adv. Nilesh Parte for plaintiff present through VC.
Defendant absent. Adv. Kajal Solanke for defendant No.1 present and tendered registered Notice of Motion No. 3662 of 2026 along-with affidavit in support TOR.
Matter adjourned to 16.09.2026 for NM reply.
                                                                                                  Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2026

NOTICE OF MOTION/104569/2022
SUMMONS FOR JUDGT/100117/2023
CHAMBER SUMMONS/101463/2024
NOTICE OF MOTION/103662/2026

Registration Number: 100308/2018
Transfer Date: 24-10-2018
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 05-12-2018
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 19-03-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 04-06-2019
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 20-07-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 40 -

Registration Number: 100308/2018
Transfer Date: 20-07-2019
From Court: 40 -
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 22-07-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 40 -

Registration Number: 100308/2018
Transfer Date: 09-01-2020
From Court: 40 - COURT 40 ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100308/2018
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100308/2018
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 100308/2018
Transfer Date: 02-07-2026
From Court: 81 - COURT 81 ADDL. SESSIONS JUDGE
To Court: 82 - Court 82 Adhoc and Addl Sessions Judge

Filing Number: 101253/2018
Filing Date: 19-01-2018
First Hearing Date: 03rd May 2018
Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge