Date: 19-03-2019
Business: Advocate Mr. Dubey for Plaintiff present and filed registered NM No.511/19 with affidavit in support, t.o.r.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 04/07/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: As court is busy in NM hearing in suit No. 1406/17. The Board is discharged.
Earlier order to continue till next date.
The case is adjourned to 16.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
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 Mohd. Rashid for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 21.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Ansari for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 06.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 10.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: National lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Ansari for plaintiff present.
Adv. Mhatre for deft./MCGM present and requested for short time to file reply.
Matter is adjourned for NM reply on 22.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Date: 08-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv.V.T.Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 29.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Mr. V. T. Dubey for Plaintiff present.
Adv. Mr. Khandagale for Defendant/BMC present.
Earlier order to continue till the next date.
Matter adj. to 21/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Ms. Vijaya Rani for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 25.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 18.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. 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 proceeded without NM reply and WS of the defendant.
Heard both the sides on NM No. 511/2019. The following order follows on NM No. 511/2019:
ORDER
Having considered there submissions, at the outset, it seems that in view of the notice dated 21.01.2019, the plaintiff filed his reply on 28.01.2019 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. This was the position prevailing even at the time of passing of earlier order, which is continued till date. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 28.01.2019 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 21.01.2019. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 511/2019 is disposed of as partly allowed.
Adjourned for filing affidavit of documents to 14.09.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 18-07-2022