Date: 07-02-2020
Business: By precipe
Advocate Prashant Sutar for plaintiff present.
He tendered draft N/M along with affidavit.
O-Leave is granted to register draft N/M.
Advocate Vyavahre for defendant/BMC present.
Shri Sanip Yadav, Jr. Eng. B and F. Dept. E-Ward present.
He has made statement that he will not take action till BMC files reply.
Adjourned for N/M Reply to 17/02/2020.
Next Purpose: REPLY
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: As court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
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: REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: REPLY
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for N/M Reply to 23/04/2021.
Next Purpose: REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Due to Covid-19. Matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. P. N. Sutar present for plaintiff and sought adjournment.
Adv absent for MCGM/defendant.
Matter adjourned for reply to. 30/09/21.
Next Purpose: REPLY
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present present for plaintiff.
Adv. Vidya Vyavahare present for MCGM/defendant and sought adjournment.
Matter adjourned for reply to. 20/11/21
Next Purpose: REPLY
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: None present for plaintiff.
Adv. Sutar present for MCGM/defendant.
As plaintiff and his adv. absent, and As court is busy in hearing arguments on chs no. 870/2021 in suit no. 528/2014, and MA. no. 68/2021, passing order on M. A. no. 68/2021, remaining board is discharged and, Matter adjourned for cs order to 15/01/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: The court is busy in hearing urgent matters i.e Stamp No. 5110 of 2022 and High Court Time Bound matter i.e. Suit No.419 of 2022 and order dictate in Suit No .130 of 2022, Suit No.131 of 2022 and 1019 of 2022 hence, for want of time following board discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Court is busy.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Court is busy in order dictating in Ch.s No. 1215/2022. Hence want of time matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: As court is busy in hearing urgent matter i.e. Suit No. 2261 of 2022 and order dictating in High Court Time Bound Matter Suit No. 187 of 2019. Hence want of time board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: As Court is busy in urgent hearing of High Court Time Bound Matter i.e. Suit No. 116 of 2012. Hence want of time board is discharged.
Matter is adjd for NM on 21-02-2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As court is on leave. Hence, matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: None for Plaintiff present.
Adv for BMC present.
Today court is busy in final hearing of High Court Time Bound Matter i.e. Suit No. 2599 of 2015 and Suit No. 2610 of 2009 and Stamp No 4692/2023.
Matter is adjd for NM hearing on 01-08-2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. Prashant Sutar for plaintiff present.
Adv. Vyavhare for defendant/ BMC present.
Adv. for the plaintiff tendered registered N/M No.720/2023 along with affidavit in support, TOR. Copy supplied to other side.
Matter is adjd. to 03/10/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2023
Date: 01-08-2023
Business: Adv. Prashant Sutar for plaintiff present.
Adv. Vyavhare for defendant/ BMC present.
Adv. for the plaintiff tendered registered N/M No.720/2023 along with affidavit in support, TOR. Copy supplied to other side.
Matter is adjd. to 03/10/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv. Prashant Sutar for Plaintiff present.
Adv. Vidya Vyavahare for defendant/MCGM present.
Exh.1 - Plaint.
Exh. 2 -Vakalatnama of Plaintiff.
Exh. 3 - Memorandum of address.
Exh. 4 - List of documents.
Ld. Adv. for MCGM has filed affidavit in reply cum written statement. TOR and marked at Exh. 5. Copy served to other side. O- R and R.
Matter is adjd to 28.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Adv. Prashant Sutar for plaintiff is present.
Adv. Ms. Rawade for MCGM present.
Mr. Kishor Jagdale JE. E ward.
Order on NM No. 720/2020
The ld. Adv for the plaintiff invited the application of this Court towards the copy of plan which is supposed to be approved bearing office no. GB/438/A of 23.12.1958. He has also invited the attention of this Court towards the copy of handwritten reply dt. 25.11.2019 and speaking order dt. 23.12.2019 passed by the def. no. 1. The ld. Adv for the plaintiff, therefore, submitted that at the time fo submitting reply to the impugned the notice, this plan was not available with the plaintiff. Thereafter, the plaintiff submitted reply dt. 02.01.2020 and 03.02.2020. However, speaking order was already passed 23.12.2019. He, therefore, vehemently submitted that, the matter may be remanded back with directions to the defendants to consider these reply and approved plan dt. 23.12.1958 and thereafter, to pass afresh speaking order in respect of the notice structure.
On the other hand, ld. Adv for the def./MCGM and the officer of MCGM present in the Court fairly conceded that the Corporation is ready to consider the aforesaid reply and plan and thereafter, will pass afresh speaking order.
Hence, considering the submissions of both sides, following order in my view, will meet out the ends of Justice.
ORDER
Notice of Motion No. 720/2020 stands disposed off in terms of following directions.
i) The defendants are directed to considered the reply dt. 02.01.2020 and 03.02.2020 alongwith copy of approved plan dt. 23.12.1958 which is already supplied by the plaintiff to the defendants. After considering the aforesaid reply and plan the defendants shall pass afresh speaking order in respect of the notice structure.
ii) In the meantime, the defendants shall not take any coercive action nor the plaintiff shall carry out any type of constructrual activities in repsect of the notice structure.
Iii) After passing afresh speaking order by the defendants, 15 days time shall be granted to the plaintiff to challenge the order, if any.
iv) The ld. Adv of for the plaintiff submitted that in view of the remanding the matter to pass afresh speaking order, the suit may also be disposed off. Hence, the suit as well as NM No. 720/2021 stands disoposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 28-11-2023
