Indus Towers Ltd.VsMCGM +1 more

Date: 09-03-2018
Business: Resumed.
Intern Yashika Joshi holding for Adv. Kapadia for plaintiff, tenders NM No. 1023/2018.  Adv.
Adv. Patil for BMC objects to grant time.  However, the court time is over.  Earlier order if any to continue till the next date.
Adjd. for arguments on NM No. 1023/2018 to 12.03.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-03-2018

Date: 12-03-2018
Business: Resumed.
Adv. Dalal for plaintiff, Adv. Patil for BMC are present.
Adv. Dalal seeks time to file rejoinder.  Adv. Patil strongly objected for the same.  In the interest of Justice time is granted to file rejoinder with a direction to supply copies in advance to the defendant corporation.
Earlier order if any to continue till the next date.
Adjd. for rejoinder and arguments on NM No. 1023/2018 to 21.03.2018.
Next Purpose: REJOINDER
Next Hearing Date: 21-03-2018

Date: 21-03-2018
Business: Resumed.
The P.O. is busy in hearing of Stamp No. 4199/2018.
Earlier order if any to continue till the next date.
Adjd. for rejoinder to 06.04.2018.
Next Purpose: REJOINDER
Next Hearing Date: 06-04-2018

Date: 06-04-2018
Business: Resumed.
Earlier order if any to continue till the next date.
Adjd. for rejoinder to 18.06.2018.
Next Purpose: REJOINDER
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Resumed.
Adv. Amit Khairnar for plaintiff is present.
Earlier order if any to continue till the next date.
Adjd for NM rejoinder to 16.07.2018.
Next Purpose: REJOINDER
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Resumed.
Adv. Parmar for plaintiff is present.
The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and orders on NM No. 2793/2017  in Suit No. 1812/2017.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
Adjd for NM rejoinder to 27.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Resumed.
Adv. Amit Khairwar for plaintiff filed affidavit in rejoinder.  O- R and R.
Adv. Ms. Patil h/f  Adv. Pradip Patil for MCGM seeks time to go through the same.  Earlier order if any to continue till the next date.
Adjd for NM arguments to 08.10.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-10-2018

Date: 08-10-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time to argue the matter.
Earlier order if any to continue till the next date.
Adjd for arguments  on NM to 17.10.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2018

Date: 08-10-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time to argue the matter.
Earlier order if any to continue till the next date.
Adjd for arguments  on NM to 17.10.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2018

Date: 08-10-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time to argue the matter.
Earlier order if any to continue till the next date.
Adjd for arguments  on NM to 17.10.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2018

Date: 08-10-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time to argue the matter.
Earlier order if any to continue till the next date.
Adjd for arguments  on NM to 17.10.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2018

Date: 17-10-2018
Business: Resumed.
Adv. Kapadia for plaintiff and Adv. Pradip Patil for MCGM are present.
Adv. Kapadia seeks time to argue the NM.  Granted as last chance.
Earlier order if any to continue till the next date
Adjd for NM arguments to 10.12.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: Resumed.
Adv. Amit Khairwar for plaintiff is present.
The P.O. is busy in dictating judgment in Suit no. 112/2013 and hearing final arguments in Suit no. 144/2008.  For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 15.02.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Adv. Hirani for plaintiff present.
Adv. Mr. Patil for defendant no. /MCGM present.
Earlier order if any to continue till the next date
Matter adjd. To 18.3.19 for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: Adv.Mr.Irani for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 20.03.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-03-2019

Date: 18-03-2019
Business: Adv.Mr.Irani for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 20.03.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv.Mr.Amit Khairwar h/f. Adv.Mr.Dalal for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Adv.of plaintiff seeks time to argue the notice of motion. Granted as last chance.
Earlier order if any to continue till the next date.
LO
Adv.Mr.Dalal for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
On oral request of Adv.Mr.Dalal, matter is adjourned.
Matter adjd to 25.03.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-03-2019

Date: 20-03-2019
Business: Adv.Mr.Amit Khairwar h/f. Adv.Mr.Dalal for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Adv.of plaintiff seeks time to argue the notice of motion. Granted as last chance.
Earlier order if any to continue till the next date.
LO
Adv.Mr.Dalal for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
On oral request of Adv.Mr.Dalal, matter is adjourned.
Matter adjd to 25.03.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv.Mr.Irani for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 03.04.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-04-2019

Date: 25-03-2019
Business: Adv.Mr.Irani for plaintiff present.
Adv.Mr.Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 03.04.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Adv.Mr.Dalal for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Heard both the sides on NM.
Matter adjd to 18.04.2019 for Order on NM.
Next Purpose: ORDER
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Adv.Mr.Amit Khairwar for plaintiff present.
Adv.Mr.Dhumale h/f.Adv.Mr.Pradeep Patil for defendant/MCGM present.
F.R.S.R. the following order is passed
                    ORDER
1. The Notice of Motion No.1023/2018 is allowed to the extent of 8 remaining microwave/mobile antennas and cabin.
2. The defendant corporation is hereby restrained by temporary injunction from taking coercive action against the plaintiff in respect of remaining 8 antennas and the cabin at the suit site.
3. The Notice of motion is disposed off accordingly.
Matter adjd to 27.06.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Plaintiff and his Adv.absent.
Adv.Smt. Rawade for defendant/MCGM present.
Matter adjd to 29.07.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv.Mr.Shahjad Irani for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
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 - NM Reply be treated as WS.
Matter adjd to 13.09.2019 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: As Court is busy in recording evidence in Suit No. 788/11, 2180/12 and 1819,12, dictating order in Notice of Motion No. 279/2018 and other orders hence, matter adjd to 18/10/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: None for plff.
Adv. Mrs. Meena Dhuri with Adv. Rawade for defendant/ MCGM present.
Issues Framed.
Matte adjd for R/E to 17.01.2020..
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv Mr. Irani for plaintiff present and requested time. Order- Granted time.
Adv. Mr. Nandanwar for defendant MCGM Present.
Mater is adjd to 03.04.2020 for r/e
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Covid-19, adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv Khairwar present for plaintiff.
None present for defendant.
Adv of plaintiff sought adjournment.
Matter adjourned for RE to 04.02.2021.
LO at 11.45 am.
Adv Rawade present for MCGM/defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Kamini present for plaintiff.
Adv Ravde present for MCGM/defendant.
PW absent.
Matter adjourned 08/03/2021 for evidence.
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: 27-10-2021

Date: 27-10-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
As court is busy in dictating order nm no. 990/20 and Nm no. 991/2020 in suit no. 1073/14, Hence remaining morning board is discharged and Matter adjourned for RE to. 07/01/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv. absent for plaintiff.
Adv. Diwate present for MCGM/defendant.
clerk of Adv. T. M. Suvarna for plaintniff present and sought adjournment on the ground that adv. on record is ill.
Matter adjourned for RE to. 02/03/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: As presiding officer is on leave. Hence, Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None Present For Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter adjourned for RE to 10-08-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Plaintiff is absent.
Adv Kamini Suhas for Plaintiff present and tendered Adv. for Plaintiff present and tendered evidence of Puneet Shukla TOR. She also tendered list of documents. TOR.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for RE on 11-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv Amit Khairwal for Plaintiff present.
PW. 1 is present.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for RE on 19-12-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv Kamini Suhas for Plaintiff present.
Plaintiff is present.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for say on admissibility of documents on 15-02-2023
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: As Court is busy in hearing arguments in High Court Time Bound Matter i.e. Suit No. 1246 of 2013 and recording evidence in Hight Court Time Matter i.e. Suit No. 3243 of 2014, Suit No. 834 of 2013 and Suit No. 2704 of 2014. Hence want of time board is charged.
Matter is adjd on 10-03-2023
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv. Ms. Kamini Suhas for plaintiff present.
Adv. Ms. Vyavahare for MCGM present and filed say on Exh. 9.  Hence matter be kept for hearing on admissibility of documents.
Matter is adjd to 17.07.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. Kamini Suhas or Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 21.08.2023 for hearing on the admissibility of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Adv. Amit Khairwar for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 05.10.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: None for Plaintiff.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 23.11.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Swati Chandan i/b Link Legal India Law Service for Plaintiff present.
Adv.  Vidya Vyavahare h/f Adv. Pradip Patil for defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 24.01.2024 for hearing on admissibility of documents/admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: The P.O. is on leave. hence, matter is adjourned.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. Vyavahare h/f Adv. Pradip Patil for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 18.03.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Ld. Adv. for plaintiff has filed an application PW NO. 1 Punit Shukla whose evidence is filed on record has resigned from the plaintiff organization and for permission to file evidence of another witness. Taken on record and marked at Exh. 10. Order- The plaintiff is directed to take appropriate steps accordingly.
Matter is adjd  to 10.05.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: None for Plaintiff.
Adv. Pradeep Patil for MCGM present.
Matter is adjd  to 05.07.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Adv. Swati Chandan i/b Link Legal for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 16.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Adv. Divya Patel i/b Link Legal India Law Services for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 04.10.2024  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 25.11.2024 for evidence.
Later on at 12.00 noon Adv. Swati Chandan for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Adv. Divya Patel  for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 13.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Considering granted opportunity as of last chance matter is adjourned.
Matter is adjd  to 10.02.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: CA of Plaintiff present and filed an application for withdrawl of suit. It is taken on record and marked at Exh. 11.
Adv. A. K. Nandanwar for MCGM/Defendant present and filed say below Exh. 11.
Matter is adjd to 17.03.2025  for order on Exh. 11.
Next Purpose: ORDER
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Advocate S. D. Kaba along with CA of Plaintiff present.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Order below Exh.1
    Today CA of plaintiff namely Taufic Kapadia along with his advocate presnet before the court and by application Exh. 11 it is submited that   he does not want to proceed further in the present suit. On behalf of defendant/MCGM formal objection is given for allowing the application. Therefore, taking into consideration unconditional withdrawal of the suit by plaintiff, I have no reason to hold anything contrary so in the result following order is passed -
1. L. C. Suit No. 671 of 2018 is hereby dismissed cum withdrawn for want of prosecution.
2. Court fee be refunded to the plaintiff as per rules, if he find entitle for the same.
3. No order as to costs.
4. Bill of costs be drawn up accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-03-2025

NOTICE OF MOTION/101023/2018

Filing Number: 101405/2018
Filing Date: 23-01-2018
First Hearing Date: 09th March 2018
Decision Date: 17th March 2025
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE