Date: 13-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Rajan Yadav for deft./MCGM present, tendered registered contempt NM no. 568/2020.
Exh.15- List of documents filed by plff., copy supplied to MCGM.
Heard adv. Mr. Pratap Singh, in view of additional
documents vide Exh.15.
Earlier order, if any, to continue till next date.
Matter is adjd. for ch/s and NM order on 25.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
F.R.S.R. following order is passed on Ch/s no. 1673/19.
ORDER
1. Ch/s no. 1673/19 is made absolute in view of prayer clause (a) and (b).
2. Plff is permitted to amend the plaint within two weeks from the date of uploading the order.
3. Defendants are at liberty to file additional written statement.
4. Ch/s no. 1673/19 is disposed off accordingly.
F.R.S.R. following order is passed on NM no. 4292/18.
ORDER
1. Notice of Motion no. 4292/18 stands dismissed.
2. Both contempt Notice of Motion no. 568/2020 and 1231/2019 will proceed further as per rules.
3. Defendants to file written statement at the earliest to expedite hearing.
4.Notice of Motion no.4292/18 is disposed off accordingly.
F.R.S.R. following order is passed on Ch/s no. 2308/19.
ORDER
1. Ch/s no. 2308/19 is allowed. It is made absolute in view of prayer clause (a) and (b).
2. Plff to carry out the amendment within two weeks from the date of uploading the order.
3. Applicants be made as deft nos. 3 and 4.
4. Applicants/ deft nos. 3 and 4 are at liberty to file written statement.
5. Ch/s no. 2308/19 is disposed off accordingly.
Exh.16- Application submitted by plff., perused reply of
deft nos. 1 to 4, it is strongly objected by adv. Mrs. Mhatre
for MCGM and adv. Mr. Tanvir Shaikh for applicant/Deft.
nos. 3 and 4. Adv. Mr. Pratap Singh submits that plff want
to prefer appeal. EOC is in existence till date, it is
continued for two weeks from the date of uploading the
order on NM no. 4292/19, as time to prefer appeal. No
further extension will be given by this court.
Authenticated copy be given to both side.
Matter is adjd. for compliance and W.S. on 01.04.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv Rajendra Yadav with Adv Khandagale for defendant no.1 and 2/ MCGM present.
CA, Mr Kiran Rajwal, representative of proposed defendant nos.3 and 4 present and submitted that plaintiff has not complied the order dated 25/02/2020. The advocate for plaintiff submitted that they have challenged the said order before Honble High Court. C.A. Mr Kiran Rajwal handed over copy of Exh.17 to the plaintiff.
Adjd. To 08/09/2021 for file reply on Exh.17 and to comply the order of this court of dated 25.02.2020.
Next Purpose: REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: None for plaintiff.
Adv Khandagale for defendant no.1/ MCGM present.
C.A. Mr Kiran Rajwal, representative of proposed defendant no.2 present.
Plaintiff has not complied the order dated 25.02.2020.
Plaintiff is directed to comply the order 25.02.2020.
Adjd. To 24/09/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
None for plaintiff.
Adv Kiran Rajwal, CA of plaintiff present and and tendered Contempt NM alongwith affidavit in support thereof. TOR. Leave is granted to register the Contempt NM, returnable on next date. Copy be served to other side.
Adv Khandagale for defendant / MCGM present.
Applicant is directed to serve the copy of Contempt NM along-with affidavit in support to the plaintiff and defendant / MCGM.
Adjd. To 25/10/2021 for NM reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: CORAM H.H.J. SHRI. S. D. KULKARNI ( CR. NO. 08)
(Matter pertains to CR.11)
Adv. Mr. Pratap Singh for Plaintiff present.
Adv Khandagale for defendant / MCGM present.
Adv. Mr. Tanvir Shaikh for applicant present and tendered contempt Nm No. 2279/2021. He also tendered affidavit of service . T.O.R.
Matter is adjd to 06/12/2021 for filing reply to contempt NM by Plaintiff and Defendant /MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
Mr. Kiran Chandrabhan Rajwad. CA for defendant Nos. 3 and 4 is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjourned for NM reply to 04.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Mr. Pratap Singh for plaintiff is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Rest of the defendants are absent.
Adjourned for contempt NM reply to 01.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present. He submitted that common reply is already filed by the defendant on main NM and contempt NM No. 1231/2019 as well.
Mr. Kiran Chandrabhan Rajwad CA for defendant Nos. 3 and 4 is present.
The plaintiff is absent to comply with the Order of Ch/s No. 2308 of 2019 and to file reply to contempt NM No. 2279/2021 and contempt NM No. 568/2020. Hence, the NMs are proceeded without reply of the plaintiff.
Adjourned for NM hearing/compliance to 03.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Shailesh Pal for the plaintiff is present.
Adv. Tanveer Shaikh for the applicant is present.
Adv. Rajan Yadav a/w Adv. Khandagale for defendant/MCGM is present.
KB LO at 04:00 pm.
Advocate for the applicant is present.
Adv. Pratap Singh for the plaintiff is present.
Both the parties are heard on NM No. 2279/2021.
LO at 04:20 pm.
Advocate for the plaintiff filed CIS case details of WP No. 5103 of 2020. O-Filed.
Adjourned for NM Order/NM hearing to 19.10.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Shailesh Pal for the plaintiff is present. On inquiry, he stated that there is no stay Order on the present proceeding.
None present for the applicant.
Adv. Khandagale for defendant/MCGM is present.
The following Order is passed on Contempt NM No. 2279/2021:
01. Heard both the sides.
02. Having considered their submissions, it is to be noted that this NM is filed to initiate contempt action against the plaintiff to have willfully committing contempt of Order dtd. 25.02.2020, on Ch/s. No. 2308/2019. While arguing the NM, the advocate for the plaintiff submitted that the said Order on Ch/s. is challenged by filing WP No. 5103/2020 and it is pending before Hon\''ble High Court. Be that as it may, the fact remained that the issues involved in this NM are nothing to do with the suit. Further, this NM is filed for penal action contempt against the plaintiff. As such, trying of this NM, along-with the suit, would further delay the trial. On this background, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. In the result, without recording any finding on merits, the Contempt NM No. 2279/2021 stands disposed of as not tenable, along-with the suit. The applicants are placed at liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if they so desire, by withdrawing this NM and relevant papers from the record, on furnishing its photocopies.
Even today, the plaintiff is absent to comply with the Order dtd. 25.02.2020, on Ch/s. No. 2308/2019, after specific directions. There is no stay Order as against the said Order of Ch/s.. Hence, the matter is posted for dismissal Order for non-compliance of Order of the Court.
The plaintiff is called upon to argue on the maintainability of contempt NM No. 1231/2019 along-with the suit.
The defendants are called upon to argue on the maintainability of contempt NM No. 568/2020 along-with the suit.
Authenticated copy of this roznama be given to both the parties.
Adjourned for dismissal of the suit/hearing on maintainability of contempt NMs to 02.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Adv. Mr. Viraj Singh for the plaintiff is present.
CA Mr. Kiran Chandrabhan Rajwal of applicant is present and filed the application for return of original NM. TOR. It is marked at Exh.18. O- The Sheristedar to do the needful as per the roznama Order of dtd. 19.10.2022.
Adv. Mr. Rajan Yadav for defendant/MCGM is present.
Heard both the sides on the maintainability of their Contempt NMs along-with the suit.
Adjourned for Order on tenability of Contempt NMs to 19.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present for the plaintiff.
Adv. Mr. P. Rajan a/w. Mrs. Mhatre for defendant MCGM is present.
The Court is busy in attending other urgent matters.
Adjourned for NM Order to 07.01.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: PO is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Shailesh Pal h/f Adv. Singh for the plaintiff is present.
Adv. Mr. P.Rajan a/w Adv. Khandagale for defendants/MCGM is present.
The following Order is passed on contempt NM No. 1231/2019:
Heard the learned advocate for plaintiff. Having considered his submissions, it is to be noted that NM No. 1231/2019 is filed under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt action against the concerned Officers of defendant No. 2 for committing willful breach of this Courts Order dtd. 05.11.2018 and 04.12.2018 and to send them behind the bars and for the other ancillary reliefs. As such, trying of this NM, along-with the suit, would certainly delay the trial, specially when the set of evidence, which might be led in this contempt would be for different set of reliefs nothing to do with the suit. Consequently, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. Therefore, without recording any finding on merits, the Contempt NM No. 1231/2019 stands disposed of as not triable, along-with the suit. However, the plaintiff is placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if he so desires, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
The following Order is passed on contempt NM No. 568/2020:
Heard the learned advocate for defendants. Having considered his submissions, it is to be noted that NM No. 568/2020 is filed under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt action against the plaintiff for committing willful breach of the ad-interim Order passed by this Courts Order and to send him behind the bars and for the other ancillary reliefs. As such, trying of this NM, along-with the suit, would certainly delay the trial, specially when the set of evidence, which might be led in this contempt would be for different set of reliefs nothing to do with the suit. Consequently, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. Therefore, without recording any finding on merits, the Contempt NM No. 568/2020 stands disposed of as not triable, along-with the suit. However, the defendants are placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if they so desire, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
Adjourned for compliance/dismissal Order to 01.03.2023.
Nature Of Disposal: OTHERWISE
Disposal Date: 25-01-2023