ATC Telecom Infrastructure Pvt. Ltd.VsMCGM +2 more

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for deft./MCGM present, prayed for time to file W.S.
Matter is adjd. for n/m hearing to 07.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: By Precipe
Adv. Mr. D.S.Patil with Mr. Fattarpekar for Plff, filed draft n/m alongwith affidavit Leave granted for registration.
Adv. Ms. Mhatre  for deft./MCGM.
Exh.6  Reply filed by MCGM.
Exh.7 List of documents filed by MCGM.
Copy of Exh.6 and 7 served to plff.
Heard part arguments of both side.
No further action be taken against suit structure as some material of mobile tower is already taken away.   MCGM to take instructions in respect of where is the material kept.
For remaining arguments matter is adjd. to 10.11.2020.
Authenticated copy be given to both side.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Adv. Mr. D.S.Patil with Mr. Fattarpekar for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM, filed list of documents marked as Exh. 8. Copy supplied to plff.
Mr. Wakale, Sub Engineer, \''L\'' Ward present.
Perused letter dt. 09.11.2020 of Jakshan Welder. MCGM has demanded labour, Police, Welding, shifting, etc. charges of Rs. 1.20 Lakhs. However, it is approximate calculation. Considering entire facts on records, 48 batteries came to be removed. Hence, Rs. 50000/- are fixed as charges to be deposited by the plff. to the MCGM.
Adv. for plff is ready to deposits of charges and to collect the seized material on own cost from the contractor of MCGM.
Plff is at liberty to maintain previous running condition of mobile tower till further order on NM. Both side to argue positively on 03.12.2020.
Authenticated copy be provided both side.
Matter is adjd. to 03.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv. Fattarpekar along with Adv. Patil for plaintiff present.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.to 11-01-2021 for NM for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv. Shrey Fatterpekar I/b Adv. D.S. Patilfor plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Advocate for plaintiff has submitted that regularization proposal of the plaintiff in respect of Mobile Tower is pending before the concern officer and the proposal is at last stage. He prayed to give short date and continue earlier order.
Ms. Mhatre advocate for MCGM did not dispute the said fact.
In view of submissions of both the parties earlier order is extended till next date.
With both consent matter is adjd. for NM hearing to
01.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Adv. Mr. Fatterpekar for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Both the parties submitted that the regularization proposal of plaintiff in respect of mobile tower is pending.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 15.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Fatterpekar a/w Mr. Patil for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and submitted that the regularization proposal of plaintiff is under consideration.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 09.04.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Due to COVID-19 Matter is adjourned for NM hearing to 03.07.2021.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: CORAM-H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. No.11)
None for plaintiff.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM hearing to 11.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv. M. D. Patil  for plaintiff present.
Adv. Mrs. Mhatre h/f Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 24.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. D.S. Patil for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 01.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for Plaintiff.
	Adv. Mr. Khandagale for Defendant/BMC present.
	Later on : - at about 01.00 p.m.
Exh. 9	Adv. D. S. Patil for plaintiff appeared alongwith list of document and filed application for withdrawal. O- Other side to say.
	Say filed by BMC - No objection for unconditional withdrawal of the suit.
	Mr. Prashant Dattaram Madkaikar, the Senior Manager-Legal of the plaintiff Company, alongwith Adv. Mr. Patil, is present.
	Mr. Prashant conceded the position that in view of the permission granted, now the plaintiff does not wish to proceed with the matter and therefore, the suit may be disposed of accordingly. The application at Exhibit-9 is allowed. Further, in view of his statement and the application at Exh. 9, alongwith say of the defendant, the suit is disposed as withdrawn unconditionally by the plaintiff. Consequently, all the pending applications, Notice of Motion etc. stand filed.   Court Fees be refunded as per rules.  Bill of Costs be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-12-2021

Filing Number: 101514/2020
Filing Date: 03-02-2020
First Hearing Date: 26th October 2020
Decision Date: 01st December 2021
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE