Brahmajyoti B wing Mirani Tenants Association +2 moreVsMCGM

Date: 30-01-2018
Business: By Precipee
Adv.Mr.Sarogi for Plff.present.
He tendered draft N/m along with affidavit t.o.r.  Leave granted to register N/m. Returnable
Adv.Mrs.Kamble for BMC/Deft.present.
Sub Engineer, Mr.Shivraj Deshmukh is present.
In the present case the Ld.adv.for MCGM has taken objection that the suit is filed by unregistered association through proposed Chairman and Secretary.  The officer present before the court submitted that the impungned notice was served upon owner and all occupants.  It is submitted that the plffs herein have not received the notice from the MCGM.  Be that, as it may, the plffs herein alongwith the tenants/ occupants to file an undertaking that they are residing in the notice structure at their own risk and the MCGM will not be held responsible if any untoward incident occurs within three days.  The MCGM to file an affidavit that they have complied with the guidelines envisaged in Writ Petition No.1135/2014.
Next Purpose: HEARING
Next Hearing Date: 09-02-2018

Date: 09-02-2018
Business: Matter pertains to C. R. No. 8
Advocate Mr. A. M. Sarogi for the Plaintiff present.
Advocate Ms. Kamble for BMC/deft present.
Reply filed by the BMC/deft. t.o.r.
List of the documents tendered by BMC/deft. t.o.r.
Draft Ch/s alongwith affidavit in support taken out by the Plaintiff for seeking amendment in the suit plaint. t.o.r. Leave granted to register.
Adv for the Plaintiff has submitted that lacunas in today\''s undertaking will be complied on Monday without fail and I submit that Plaintiffs on behalf of all the occupants/tenants will remain responsible for their life, property, passers by and for any incident, if occurred in respect of the suit premises. Considering his submissions undertaking accepted today.
Undertaking tendered by the Plaintiff alongwith resolution of all occupants/ tenants in the suit premises. t.o.r.
Earlier order to continue till next date.
Matter adjd to 12.02.2018 for ad-interim hearing at 2.45p.m.
Next Purpose: HEARING
Next Hearing Date: 12-02-2018

Date: 12-02-2018
Business: Adv. Ravindra Singh for plaintiff.
Tendered original ch/summ. no. 291/18
and also tendered affidavit.
Rejoinder to draft n/m also filed by adv.for plff.
Adv.Mrs.Kamble for BMC/Deft. Present and filed say to ch/summ.
Adjd.for n/m hrg.and rejoinder to ch/summ.to 23/2/2018
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2018

Date: 23-02-2018
Business: Adv. Mr. Shrivastav for plff present and tendered rejoinder in ch/s. Copy is received by adv for deft.
Adv.Mrs. Kamble  for BMC/Deft.present.
Earlier order to continue till next date.
Adjd for Ch.s hrg. On 06.03.2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2018

Date: 06-03-2018
Business: Adv.Mrs.Narvekar for Plff.present.
Adv.Mrs.Kamble for BMC/Deft.present.
Adjd.for Ch/s hearing on 27.03.2018.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2018

Date: 27-03-2018
Business: None appeared for Plff.
Adv.Mrs.Tadavi for BMC/Deft present.
Order below Ch/s No.291/18
None appeared for the plff when the matter is called for hearing on Ch/s.  Hence Ch/s No.291/18 stands dismissed in default.
Adjd.for N/m hearing on 08.06.2018.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Adv. Mr. Ravindra Singh for plaintiff present.
Adv. Ms. Kamble for defendant/ BMC present.
Advocate for plaintiff draft N/M. Seeking leave to register.
O- Leave granted for registration.
Advocate of plaintiff is directed to register the two draft N/M before next date.
Earlier order if any, to continue till next date.
Adjd to 12.6.2018 for N/M registration and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2018

Date: 08-06-2018
Business: Adv. Mr. Ravindra Singh for plaintiff present.
Adv. Ms. Kamble for defendant/ BMC present.
Advocate for plaintiff draft N/M. Seeking leave to register.
O- Leave granted for registration.
Advocate of plaintiff is directed to register the two draft N/M before next date.
Earlier order if any, to continue till next date.
Adjd to 12.6.2018 for N/M registration and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2018

Date: 12-06-2018
Business: Adv. Ms. Neha Pande for Plaintiff present and tendered original N/M No. 2135/18 and 2136/18.
Adv. Ms. Kamble for defendant / BMC present.
K.B.
L.O.
Adv. Mrs. Narvekar for plff. present.  She requested time to argue N/m. Adjournment granted as a last chance.
O-Earlier order to continue till next date.
Adjd. to 19.06.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2018

Date: 19-06-2018
Business: Adv. Mr. Ashok Sarogi for plaintiff present.
Adv. Ms. Kamble for BMC present.
Advocate for plaintiff filed additional affidavit in support of N/M
no. 2136/18.
Heard both the sides on N/M no. 2134/18, 2135/18 and 2136/18.
Earlier order to continue till next date.
Adjd to 4.7.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv. Ms. Narvekar for plff presen.
Adv. Mr. Giri for defendant / BMC present.
O -Earlier order to continue till next date.
Adjd. to 16.07.2018 for order on N/m.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Ms. Neha Pande for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 25.07.2018 for N/m order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv. Mr. Ravindra Singh for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
O - Earlier order to continue till next date.
Adjd. to 03.08.2018 for N/m order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-08-2018

Date: 03-08-2018
Business: Adv. Mr. Shrivastav for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 08.08.2018 for N/m order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Adv. Mr. Ravindra Singh for plff. present.,
Adv. MR. Giri for defendant /BMC present.
Earlier order to continue till next date.
Adjd. for NM order to 18.08.2018.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Court is on leave. Hence matter is adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-08-2018

Date: 30-08-2018
Business: Adv. Bansode for plaintiff present.
Adv. Kamble  for defendant no. / BMC present.
Earlier order to continue till next date.
Matter adjd. to 11.9.18 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Adv. Srivastav for plaintiff present.
Adv. Kamble for defendant no. / BMC present.
Earlier order to continue till next date.
Matter adjd. to 9.10.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Kamble for defendant no. / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 13.11.18 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2018

Date: 13-11-2018
Business: Adv Mrs.Narvekar for plff present.
Adv Mrs.Kamble for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 11/12/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Business: Adv Ravindra Singh for plff present and tendered draft NM alongwith affidavit. It is TOR.
Order - Leave is granted to register NM.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 29/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2019

Date: 29-01-2019
Business: Adv Ravindra Singh for plff present.
Adv Ashok Chandramani with adv Mhatre for BMC/deft. present
Original NM No.74/19 alongwith affidavit tendered by plff. It is TOR.
Earlier order, if any, to continue till next date.
Adjd to 14/03/2019 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Mr. Narendra Singh for Plff present.
Adv. Mr. Ashok Chandramani with Mrs. Mhatre for MCGM/deft. present and tendered reply to N/M No.2135/18.
Copy is served to otherside.
Earlier order, if any, to continue till next date.
Adjd to 26/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv. Ms. Neha Pandey for Plff present.
Counsel Mr. Ashok Chandramani with Adv. Mrs. Vyavhare h/f Adv. Mhatre for MCGM/Deft present.
On oral request of advocate for Plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 16/7/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: (Incharge Court of C.R. No.8)
Adv. Neha Pande for Plaintiff present.
Counsel Mr. Ashok Chanduramani with Adv. Mrs. Hajare for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 23/08/2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mrs. Narvekar for Plaintiff present.
Counsel Adv. Mr. Ashok Chandiramani for  Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 15.10.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adv. Narvekar for plff. present.
Adv. Hazare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Court busy in ad-interim hearing matters, old NM hearings and order on L.C. Stamp No.9381/19. Hence, adjourned.
Adjd to 07.01.2020 for N/M hearing.
L.O.
Adv. Ashok Chandramani for deft./ MCGM present and filed reply to N/M No.2136/18.
Copy be served to other side.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Ms. Narvekar for plaintiff present.
Adv. Ms. Hajare for defendant/MCGM present and tendered reply to NM 74/19.
Copy is served to adv. for Plaintiff.
Earlier order to continue till next date.
Adjd. for N/M hearing to 18/2/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Neha Pandye  for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 13.03.2020 for rejoinder/hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Sarogi  for plaintiff present and tendered rejoinder in NM 74/19 and NM No.2135/18. Copies are served to other side.
Adv. Ashok Chanduramani with Adv.Hajare for defendant present.
Earlier order, if any, to continue till next date.
 Matter adjd to 15.04.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: Adv.Mr.Tiwari for plaintiff present.
None for defendants/MCGM.
Matter adjd to 19/09/2020 for order on NM No.2134/18,
2135/18 and 74/19.
L.O.
Adv. Mr. Abhijeet Mangade for Defendant/MCGM present and
tendered Affidavit in support of Documents of Defendants. T.O.R.
Copy is served to otherside.
Mr. Devendra V. Pawar, J/E, (B and F), T/Ward, MCGM present.
Already adjd to 19/09/2020 for order on NM No.2134/18,
2135/18 and 74/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: Adv.Gopal Jetly for plaintiff present.
Adv.Abhijeet Mangade for MCGM \''T\'' Ward present
Perused  Application and say filed by defendant.
Heard both side.
The application is allowed and order passed accordingly in main order of NM No.2134/2018.

                        Order in NM No.2134/2018.
1.  Ad-interim is rejected being devoid of merits.
2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
3.  The protection period will not be extended further more.
Authenticated copies be given to the both parties.
                          Order in NM No.74/2019
1.  Ad-interim is rejected being devoid of merits.
2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
3.  The protection period will not be extended further more.
Order in NM No.2135/2018
1.  Ad-interim is rejected being devoid of merits.
2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
3.  The protection period will not be extended further more.
Authenticated copies be given to the both parties.
Matter adjd to 15.10.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: NOB TOB(for correction in roznama dtd. 19/09/2020)
Adv. Gopal Jetli h/f. Adv. A.M. Sarogi for Plaintiff present.
Adv. Khandagale for Defendant/MCGM present.
Both the Ld. advocates returned authenticated copy roz. Dtd.
19/09/2020.
There was typhographical mistake which does not change the
nature of order passed on N/M No. 2134/18, 2135/18 and 74/19.
As per provisions of CPC the mistake can be cured in the interest of better administraiton of justice. Both the adovates have no objection for correction in earlier roznama dtd. 19-09-2020. Accordingly said roznama is corrected as follows-
Order on NM No. 2134/2018
1)    The prayers (a) and (b) of notice of motion is rejected being devoid of merit.
2)    The defendant corporation would be at liberty to take all safety measures, including propping up, at etc. Of the building/premises and enclose/fence the surrounding area in accordance with law.
3)   The defendant corporation is at liberty to take effective steps as  per the guideline given by the Honble High Court in Writ Petition number 1135 of 2014 and shall act in accordance with law.
4)   The inter se rights of the tenants/ occupiers /owners will not be affected by virtue of evacuation order or demolition carried out by the corporation of such dilapidated and dangerous building in excess of the power under section 354 of the MMC Act.
5)   The Defendants/MCGM shall not take any coercive action agaist suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
6)     The protection period will not be extended further more.
7)   N.M. No.2134 of 2018 is disposed of accordingly.
Order on Nm No. 74/2019
1) The prayer (a) of notice of motion is rejected being devoid of merit.
2) The Defendants/MCGM shall not take any coercive action agaist suit structure for next three weeks from today in order to file appeal before Honble High Court.
3)The protection period will not be extended further more.
4) N.M. No.74 of 2019 is disposed of accordingly.
Order on NM No. 2135/2018
1) The prayer (a) of notice of motion is rejected being devoid of  merit.
2) The Defendants/MCGM shall not take any coercive action agaist  suit structure for next three weeks from today in order to file appeal before Honble High Court.
3) The protection period will not be extended further more.
4) N.M. No.2135 of 2018 is disposed of accordingly.
 The authenticated copy of roznama dtd. 19/09/2020 given to the both parties, needs to be recalled and the authenticated copy of the corrected roznama be supplied to the parites again today itself and also be recalled same roznama dtd. 19/09/2020 in CIS.
Authenticated copies be given to the both parties.
Matter already adjd to 15/10/2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: None for Plaintiff.
Adv. Mrs. Smita Chavan h/f. Adv. Hajare for Defendant/MCGM present.
Matter adjd to 23/10/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: None for Plaintiff.
Adv. Mrs. Smita Chavan h/f. Adv. Mrs. Hajare for Defendant/MCGM
present.
Matter adjd to 26/11/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Adv. Ms. Neha Pandey h/f Adv. Mr. A. M. Saraogi for plaintiff present.
Adv. Mrs. Hajare for deft/MCGM present.
Matter adjd to 23/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present and requests for time to argue the NM No.2136/18. Time is granted till next date.
Adv. Ms. Smita Chavan h/f Adv. Ms. Hazare for deft/MCGM present.
Matter adjd to 10/06/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv Narvekar h/f Adv Saraogi for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 14/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Sana Khan h/f Adv A.M. Saraogi for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Reshma Gaikwad h/f Adv Abhijit Mangle with Adv Smita Chavan for defendant / MCGM present.
Adjd. To 03/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv Ravindra Singh h/f Adv A.M. Saraogi for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present.
Adjd. to 19/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Mayur Parwani h.f. Adv. A.M. Saraogi for plaintiff present.
None for Defendant/MCGM, T/Ward.
Adjd. To 26/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: None for plaintiff.
Adv. Chavan for deft/MCGM present.
Adjd. To 11/08/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Supriya Landge h/f Adv. Abhijit Mangade with Adv. Mrs. Chavan for defendant/ BMC is present.
Adjd. to 20/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present.
Adjd. to 22/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 09/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 22-11-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 09/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None for plaintiff\''s.
Adv Mrs Smita Chavan for defendant / MCGM present.
Adjd. to 18/04/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for Defendant/BMC present.
It appears from record that N.M. No.2136/18 is pending for hearing since 19/06/2018.The roznama shows that since last three dates none appeared for plaintiff hence, matter kept for dismissal of N.M.
Adjd. to 27.04.2023 for Hearing/dismissal of N.M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: None for plaintiffs.
Adv. Mhatre for defendant  / BMC is present.
N/M no. 2136/2018 is pending since June-2018 for hearing, roznama shows that neither plaintiff nor his advocate remains present. Therefore on previous date matter was adjourned and kept for dismissal of NM. Even today none appeared for plaintiff, this shows that plaintiff is not interested to proceed with the NM. Therefore I have no option but to dismiss NM for want of prosecution. Hence, following order is passed-
ORDER
Notion of Motion no.2136/2018  is dismissed for default.
Adjd. to 12.09.2023 for No WS order.
Next Purpose: ORDER
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Advocate Karan Chaudhary h/f Saraogi for plaintiff present.
Advocate Mhatre for defendant/BMC present.
The suit is of year 2018. corporation has appeared long back but not filed WS. Adv for defendant/BMC submitted that two replies of NM be treated as WS. Hence TOR marked as Exh. 6 (Colly)
Adjd to 21.11.2023  for Hearing on issues/ draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: NOB TOB – By praecipe
Advocate Narvekar h/f  Saraogi for plaintiff present and tendered draft Notice of Motion @ affidavit in support for restoration NM No. 2136/18 copy be supplied to other side.
O- Leave granted to register NM
Already Adjd  to 21.11.2023    for  Hearing on issues and service of draft NM.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Advocate Ashok Saraogi a/w Narvekar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
keep back
later on 4.00 p.m
Adv Narvekar for plaintiff tendered registered Notice of Motion No. 3753/2023 TOR.  Copy is served to other side.
Adjd  to 20.01.2024   for framing issues /NM Reply
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adjd  to  02.03.2024   for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Advocate Vikas Mishra h/f Saraogi for plaintiff present.
Advocate Suryavanshi h/f Mhatre for defendant/BMC present and requested time to file reply to NM. Graned
Exh. 7 – issues are framed
Adjd  to 18.04.2024   for  NM  Reply / List of witness and R. E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: None present for plaintiff
Advocate Waghmare for defendant/BMC present and requested time to file reply to NM.
keep back
Later on 1.44 p.m
Adv. Narvekar for plaintiff present
Adv for deft/BMC has given say on NM 3753/2023.
Heard both sides on NM No. 3753/23
Adjd  to  29.06.2024  for  NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Advocate Vikas Mishra h/f Saraogi for plaintiff present.
Advocate  Waghmare  for defendant/BMC present.
F.R.S.R Following order is passed in NM No. 3753/23
ORDER
1]	Order dated 12/4/2023 dismissing Notice of Motion No.2136/2018 is hereby set aside subject to cost of Rs.5,000/-which be deposited in this Court and credited to D. L. S. A.,Mumbai.
2]	The cost be deposited within a week.
3]	On deposit of cost Notice of Motion No.2136/2018 be restored to	its original number.
Adjd  to  23.07.2024   for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Advocate Neha Pandey h/f Saraogi for plaintiff present.
Advocate Waghmare for defendant/BMC present.
It appears that plaintiff has deposited cost as per order in NM No. 3753/2023, therefore NM 2136/2018 be restored in his original number and matter adjourned for NM Hearing on request of plaintiff
Adjd  to 13.08.2024  in afternoon session for NM hearing /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Advocate Vikash Mishra h/f Saraogi for plaintiff present.
Advocate  Botlawar  for defendant/BMC present.
keep back
Later on 3.05 p.m.
When called none present for plaintiff. Today matter is listed for argument on NM but none present for plaintiff. Hence matter adjourned.
Adjd  to 03.09.2024   for  NM Hearing/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Advocate Neha Pandey h/f  Saraogi  for plaintiff present and requested to keep back the matter
Advocate  Waghmare   for defendant/BMC present.
keep back till 2.45 p.m
 Judge
Later on
As Court is on half day (second session) leave, matter adjourned.
Adjd  to 01.10.2024 for NM Hearing /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Advocate Sandeep Singh h/f Saraogi for plaintiff present and submitted that
Advocate Waghmare for defendant/BMC present.
keep back
Later on 4.15 p.m
Adv. Neha Panday for plaintiff present.
Heard argument of both sides on NM No. 2136/2018
Adjd  to  15.10.2024    for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: CORAM  H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Neha Pande  for plaintiff present.
Advocate Metakari  for defendant/BMC present.
F.R.S. R. following order is passed in Notice of Motion No. 2136/2018
ORDER  1. Notice of Motion is hereby allowed.
2.The order dated 27.03.2018 dismissing in default Chamber summons No. 291/2018 is set aside.
3. Chamber summons be restored to its original number.
Adjd  to 12.11.2024  for Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in judgment in suit No. 1445/18 and  recording in Evidence in Targeted suit. Board is discharged. Hence matter adjourned.
Adjd  to  10.12.2024   for ch’/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in final argument in targeted matters, Board is discharged, hence matter adjourned
Adjd  to  23.01.2025   for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Pooja Narvekar h/f Adv. Mr. Saraogi for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. Heard both the sides on Ch/s.
Adjourned for Ch/s Order to 01.02.2025.
Next Purpose: CS NM ORDERS
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Disha Chopra h/f Adv. Mr. Saraogi for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back for Ch/s. Order.
Later on at 4.30 pm.
None of the parties are present.
F.R.S.R. the following Order is passed in Ch/s. No. 291/2018.

-: O R D E R :-
(i).	Chamber Summons No. 291/2018 is made absolute in		terms of Clause (a) only, subject to payment of costs of    	Rs. 3,000/- (Rs. Three Thousand) in favour of the District 	Legal Services Authority, Mumbai, till the next date.
(ii).	On payment of the costs, the plaintiffs are permitted to
	file copy of the notice dtd. 10.01.2018 placed at Exhibit-I of
	Ch/s., on record of suit.
(iii).	Chamber Summons No. 291/2018 is, accordingly, 		disposed of.
Adjourned for Compliance/R.E. to 25.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ravindra Singh h/f Adv. Mr. Saraogi for the plaintiff is present. He submitted that the Order of costs is complied with and sought time to file copy of amended plaint. Time is granted.
Adjourned for Compliance/RE to 17-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2025

Date: 01-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Not on Board Taken on Board – By praecipe
Adv. Mr. Ravindra Singh h/f Adv. Mr. Saraogi for the plaintiff is present and sought time to carry out amendment. Time is extended till the next date. Adv. Ms. Sujata Puri h/f Adv. Ms. Nagarthawar for defendant/MCGM is present.
Already Adjourned for Compliance/R.E. to 17.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Pooja Narvekar h/f Adv. Mr. Saraogi for the plaintiff is present. She submitted that the plaintiff is not available and sought time for compliance of the Order dtd. 01.02.2025, in Ch/s No. 291/2018. Sufficient time is already granted. Still, considering her request, time is extended till the next date, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders to follow. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for Costs/Compliance/R.E. to 17.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Ms. Disha Chopda h/f Adv Saraogi for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Ld. Adv for plaintiff prayed for last chance to carry out amendment to which Ld. Adv for defendant/ BMC raised objection. Last chance is granted.
Adjourned for compliance/ RE. to 22.07.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
It appears that despite conferring opportunities plaintiff did not opt to comply. They have neither paid cost amount nor carried out amendment. It seems that plaintiff is not interested to proceed with the matter. In the interest of justice last opportunity is granted to the plaintiff for compliance or else further order shall be passed.
Adjourned for compliance/dismissal to 29.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Ms. NAgarthawar for defendant/MCGM is present.
It appears from roznama, despite availing opportunities no positive steps are being taken by the plaintiff to comply the mandate of order dtd.01.02.2025 in Ch/s No. 291/2018. Even despite restoration of NM bearing No. 2136/2018, till date no hearing is done on the same. It seems that plaintiff are not interested to proceed with the suit. In the event, as a matter of last chance, purely in the interest of justice, one more opportunity is confer upon the plaintiff to take steps or else suit shall be dismissed in default.
Adjourned for compliance /amendment in plaint/dismissal to 09.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Despite specific direction, no steps are taken by the plaintiff to proceed with the suit. Keep back for further order.
Later on at 3.56 pm
None present for the plaintiff.
Matter adjourned for dismissal.
Adjourned for dismissal to 20.09.2025
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Neha Pandey h/f Adv. Mr. Saraogi for the plaintiff is present. She submitted that she already addressed letter to the plaintiff, informing discharged of the Vakalatnama. Acknowledgment is awaited. She sought time to file copy of said letter along with the postal acknowledgment. Time is granted strictly as a last chance.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Suit is very old and prolonging unnecessarily. Plaintiff is absent, today even. Thus in the interest of justice last opportunity granted for the steps.
Adjourned for dismissal to 04.10.2025
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Ms. Nagarthawar for defendant/MCGM is present.
No steps taken to proceed with the suit. Hence, matter adjourned for dismissal.
Adjourned for dismissal to 29.11.2025
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Ms. Nagarthawar for defendant/MCGM is present.
Adjourned to 17/01/2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
	Plaintiff is absent when call repeatedly. He is absent since long.  It shows, he is not keenly interested to proceed with the suit. Thus, suit stands dismissed for want of prosecution and finally disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-01-2026

NOTICE OF MOTION/102136/2018
NOTICE OF MOTION/102135/2018
CHAMBER SUMMONS/100291/2018
NOTICE OF MOTION/103753/2023
NOTICE OF MOTION/100074/2019
NOTICE OF MOTION/102134/2018

Registration Number: 100271/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101534/2018
Filing Date: 25-01-2018
First Hearing Date: 26th March 2018
Decision Date: 17th January 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE