Date: 09-02-2018
Business: Mentioned by Preciepe.
Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Draft Ch/s alongwith affidavit in support taken out by the Plaintiff to carry out amendment in the suit plaint. t.o.r. Leave granted to register.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the defendant temporarily from enforcing speaking order dtd 1.02.2018 t.o.r. Leave granted to register.
Matter adjd to 12.02.2018 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2018
Date: 12-02-2018
Business: Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Hajare for BMC/deft present.
Heard. Perused photographs. Prima facie from photographs , it appears that construction has been completed. Hence, parties are directed to maintain status-quo in respect of suit structure, till filing reply by the Defendant.
Matter adjd to 20.03.2018 for reply to N/M/ w.st by the Defendant.
Authenticated copy of roznama be supplied to the Plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2018
Date: 20-03-2018
Business: As Court is busy in hearing Mediation matters. Hence, board is discharged.
Matter adjd. to 02.05.2018 for N/M Reply/Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2018
Date: 02-05-2018
Business: Advocate Mr. Mukesh Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Advocate for the Defendant seeks adjournment. Granted as a last chance.
Earlier order to continue till next date.
Matter adjd to 10.08.2018 for reply and passing no w.st order.
Next Purpose: REPLY
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 22/11/2018.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate for BMC/Deft present and sought time to file reply to NM.
Earlier order to continue till next date.
Case is adjourned to 07/02/2019 for reply/hearing of Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and submitted that, on next date he will tender registered Chamber Summons. Considering submission adjourned.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 02/03/2019 for registered Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.735/16 and dictating judgment in suit no.7320/88, hence case is adjourned to 04/05/2019.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Advocate Mukesh Dubey for plaintiff present and filed filed original Notice of Motion no.691/18 alongwith affidavit in support of Notice of Motion. T.O.R.
and also filed original Chamber Summons no.360/18 along with affidavit in support of Ch/s. T.O.R.
Advocate Ms.Hajare for defendant/MCGM present and sought time to file reply to NM and Chamber Summons.
Earlier order to continue till next date.
The Case is adjd. To 25.07.2019 for reply to NM and Chamber Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 05.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Reply filed by advocate for MCGM overleaf the Chamber Summons.
Heard advocates for both parties.
F.R.S.R. following order is passed in chamber summons no.360/18
ORDER
1. Chamber Summons no. 360/18 is partly allowed in terms of prayer clause (a) and (b).
2. The amendment sought as per schedule to the Chamber Summons is allowed except paragraph 4(d) of the schedule.
3. Plaintiff shall carry out amendment within four weeks from today.
4. Plaintiff shall serve the copy of amended plaint on the defendant and shall file affidavit of service.
5. Defendant is at liberty to file reply/W/st.
6. Costs in cause.
The case is adjourned to 17.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Mukesh Dubey for Plaintiff, prayed for adjournment to serve copy of amended plaint to defendant.
Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for Service to 18.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Mr. S.K. Dubey for plff., prayed for adjd. to serve copy of amended plaint to deft.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd for service on 21.04.2020.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: adjd.to
Next Purpose: SERVICE
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: Adjd. to
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 31-03-2021 for service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Mr. Mukesh Dueby for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for service to 02.07.21.
Judge
Next Purpose: SERVICE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to covid-19 matter adjourned to next date.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI , (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for Service to 06.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv.Mukesh Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For service to 15.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For service to 10.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Mr. Priyank Shukla for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for service to 04.03.2022.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Matter pertain to CR. No.11.
Adv. M.K. Dubey for plaintiff is present.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for service to 13.04.2022.
Next Purpose: SERVICE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Mukesh Dubey for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for service to 08.08.2022.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None present for plaintiff.
Mr. Sanjay Kanthe -Clerk of the advocate appeared and filed amended copy of plaint. TOR. It is marked at Exh.03. O-Filed.
Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 01.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Mukesh Dubey for the plaintiff is present and orally requested for time to verify and file original registered NM No. 366/2018.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 21.12.2022.
Next Purpose: ORDER
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 15.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The Court is busy in hearing on urgent praecipe matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 06.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Matter pertains to C. R. No. 11
Adv. Mukesh Dubey present for the plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 12.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: None present for the plaintiff.
Adv. Ms. Mhatre h/f Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 28.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents on NM. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 03.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Mr. for the plaintiff is present.
Adv. Mr. Giri for defendant/MCGM is present and requested time to file documents. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 22.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents in NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 03.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file documents in NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for filing documents in NM/NM hearing (No reply) to 30.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file documents in NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for filing documents in NM/NM hearing (No reply) to 19.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the plaintiff is not in contact and sought time to tender registered NM No. 366/2018. Time is extended till the next date. In default, the NM would stand dismissed.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing/NM dismissal (No reply) to 29.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the plaintiff is not in contact to instruct in this matter and to tender registered NM 366/2018. As such, suitable Order may be passed. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/ MCGM is present.
Later on 4.07 p.m.
None present for the plaintiff. Rest appearance is as above. In view of the statement of the advocate plaintiff, it clear that the plaintiff is not interested to proceed with the suit. Hence, NM No. 691/2018 and un-tendered NM No. 366/2018 stand dismissed in default. The plaintiff is directed to tender registered NM No. 366/2018 till the next date. In default, the suit would stand dismissed.
Adjourned for tendering registered NM(disposed of)/dismissal to 21.09.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: None present for the plaintiff. The matter is kept back.
Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Later on 1.55 p.m.
The appearance is as above.
Order below Exhibit No. 01
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, he was absent and hence, the suit was kept back for his appearance, but in vain. He did not bother even to tender registered NM No. 366/2018 (disposed of). Nor, any stay order is communicated on record. More so, his advocate has no instructions in this matter. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-09-2024