Mohammed Salim Ibrahim LakdawalaVsMCGM +1 more

Date: 23-04-2018
Business: Resumed.
The .P.O. is busy in passing orders in NM No. 87/2017 and 3774/2017.
Adjd. for direction to 16.07.2018.
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Resumed.
The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and orders on NM No. 2793/2017  in Suit No. 1812/2017 and NM No. 1768/2016 Suit No. 1537/2016.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
Adjd for direction to 30.07.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-07-2018

Date: 30-07-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 421/2016 and orders on NM No. 3348/2017 NM No. 3349/2017, 3350/2017 and NM No. 4374/2015 in Suit No. 2894/2008.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
Adjd for directions to 03.09.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: None for Plff. Adv. Pradeep Patil h/f Patil  for MCGM are present.
It appears that, the Plff have not got registered the Draft NM. It is directed to the Plff to get it registered on or before next date, failing which necessary order will be passed in the matter.
Adj. For arguments on NM or Passing dismissal order on 05/10/2018.
Next Purpose: DISMISSAL
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: Resumed.
None for plaintiff.  Absence of plaintiff and his advocate is not explained.  Adv. Pradip Patil for MCGM is present.
Since 31.01.2018, the plaintiff has not yet registered the NM.  The plaintiff has also not argued the NM in spite of the filing of the reply by the defendants.  It appears that the plaintiff is not interested in the hearing of NM.  Therefore, the draft NM is dismissed for default.  Formality of registration of NM be completed for statistical purposes.
Adjd for report of service of summons to 30.11.2018.
Next Purpose: REPORT
Next Hearing Date: 12-10-2018

Date: 12-10-2018
Business: Mentioned by pracipe.  NOB. TOB.
Adv. Seeta Yadav for plaintiff tenders draft NM with affidavit seeking restoration of draft NM which was dismissed on 05.10.2018.  According to her the defendant may demolish the notice structure immediately.  She further submits that due to mistake of clerk of advocate the motion could not be registered.  Leave to register is granted with a further direction to register the dismissed motion for statistical purposes.  According to her the defendant did not accept the service of motion.  However, no such affidavit is filed in support of the contention.  The plaintiff is directed to serve the NM to the defendant and inform the concern officer of Building and factory department and serve copy of this order.  She further submits that she has instructions that action of demolition is not yet started.
 Considering the apprehension both the parties are directed to maintain status quo at the suit site till 17.10.2018.
   An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Adjd for NM reply and hearing to 17.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2018

Date: 17-10-2018
Business: Resumed.
Adv. Seeta Yadav for plaintiff submits that the notice structure has already been demolished on 12.10.2018.  She tendered registered NM No. 3897/2018 with affidavit.  She further submits that the plaintiff wants to withdraw the suit.  However, he is not present today.
She prays for keeping the matter on 19.10.2018. for withdrawal of the suit.  Considering her submissions the order of status quo granted on 12.10.2018 is vacated.
Adjd for withdrawal of suit to 19.10.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: Resumed.
Ms. Heena Ansari with C.A. of plaintiff and Adv. Ms.Patil for MCGM
Exh-06- application for withdrawal of the suit with permission to file fresh suit - O - Other side to say.
Adv. Patil seeks time to file reply.
Adjd for reply to 29.10.2018
Next Purpose: WITHDRAWAL
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Resumed.
Adv. Sita yadav h/f Adv. Anjali Avasti for plaintiff with Mr. Usman Lakdawala the son and C.A. of the plaintiff and Adv. Ms. Patil for MCGM are present.
Exh. 06 -  Application for conditional withdrawal of suit filed on 19.10.2018.  The C.A Usman Lakdawala and Adv. Yadav endorsed on Exh. 6 that they do not press the application hence, the application at Exh. 6 is filed.
Adjd for NM reply to 28.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2018

Date: 28-11-2018
Business: Resumed.
The P.O. is busy in hearing final arguments in Suit no. 2511/2016 and recording evidence High Court time bound matter in Suit no. 1242/2015.  For want of time the board is discharged.
Adjd for NM reply to 14.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Resumed.
Adv. Heena Ansari for plaintiff is present.
Adv. Ms. Patil seeks time to file reply to NM No. 3897/2018.  Time is granted as last chance.
Adjd for NM reply to 25.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: As court busy in NM Hearing in Suit no. 909 of 2018. Hence board is discharged.
Matter adjd. to 10.4.19 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: As Court is busy in dictating Judgment in SU 3215/14 (H.C.T.B.), hence, board discharged.
Matter adjd to 26.06.2019 for NM reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: P.O. is on leave.
Matter adjd to 29.07.2019 for NM reply rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradip Patil for defendant/MCGM present.
Reply already filed.
Matter adjd to 11.09.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: As Court is busy in dictating order in 2007/11 to 2009/11, hearing and passing order on N/M in SU 1062/18 and other misc. work hence, board is discharged.
Matter adjd to 23/09/2019 for hrg.on N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 20/11/2019 for hrg.on n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-11-2019

Date: 23-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 20/11/2019 for hrg.on n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-11-2019

Date: 23-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 20/11/2019 for hrg.on n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work.
Matter adjd to 22/01/2020 for hrg. On n.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-01-2020

Date: 20-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work.
Matter adjd to 22/01/2020 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020

Date: 20-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work.
Matter adjd to 22/01/2020 for hrg. On n.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Plaintiff and his advocate absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present
Steps not taken. Notice of Motions are dismissed for want of prosecution.
Matter is adjd to 11/03/2020 for W/st.
L. O. at 03.40 p.m.
Adv. Ms. Shradha Chaurasia for plaintiff present and requested to restored the notice of motions disposed off today itself. Order- Allowed.
Now matter is adjd. to 24/01/2020 for hrg. on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 22-01-2020
Business: Plaintiff and his advocate absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present
Steps not taken. Notice of Motions are dismissed for want of prosecution.
Matter is adjd to 11/03/2020 for W/st.
L. O. at 03.40 p.m.
Adv. Ms. Shradha Chaurasia for plaintiff present and requested to restored the notice of motions disposed off today itself. Order- Allowed.
Now matter is adjd. to 24/01/2020 for hrg. on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 22-01-2020
Business: Plaintiff and his advocate absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present
Steps not taken. Notice of Motions are dismissed for want of prosecution.
Matter is adjd to 11/03/2020 for W/st.
L. O. at 03.40 p.m.
Adv. Ms. Shradha Chaurasia for plaintiff present and requested to restored the notice of motions disposed off today itself. Order- Allowed.
Now matter is adjd. to 24/01/2020 for hrg. on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff and advocate are absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present.
Matter is adjd to 03/02/2020 for orders against plff.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2020

Date: 24-01-2020
Business: Plaintiff and advocate are absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present.
Matter is adjd to 03/02/2020 for orders against plff.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2020

Date: 24-01-2020
Business: Plaintiff and advocate are absent.
Adv. Mr. Suryavanshi for the defendant  MCGM Present.
Matter is adjd to 03/02/2020 for orders against plff.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Plaintiff and advocate absent.
Adv. Mr. Suryavanshi for the defendant  MCGM  present
Notice of motion nos.3897/2018 and 3928/2018  not prosecuted. Steps not taken by the plaintiff. Notice of motion nos.3897/2018 and 3928/2018 be dismissed for want of prosecution.
Matter is adjd to 13/03/2020 for W/st.
L. O. at 03.25 p.m.
Adv. Ms. Shradha Chaurasiya for plaintiff present
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv for plaintiff absent.
APP Suryawanshi for MCGM present.
Adv of defendant  submitted that reply of NM be treated as WS at Exh.7.
Matter adjourned for draft issues to 29.04.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-05-2020

Date: 20-05-2020
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: DRAFT ISSUES
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: COVID-19
Adv Chandra More for the defendant MCGM present.
Matter adjourned for draft issues to 09.07.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: adj. due to covid 19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Matter adjourned for draft issues to 06.01.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Issues framed at Exh.8
Matter adjourned for RE to 08.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for plaintiff.
Adv Soraan present for MCGM/defendant and submitted affidavit of DW-1 at Exh.7 alongwith documents and lists at Exh.8.
Matter adjourned for admission and denial and cross to 11.06.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Adv. absent  for plaintiff.
Adv Soraan present  for MCGM/defendant.
Matter adjourned for Admission denial to. 20/08/2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: As court is busy in hearing arguments on NM No. 4223/17 and NM no. 3257/17 in Suit no. 2037/2017. Hence remaining board is discharged. Hence, matter is adjd. to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None present  for plaintiff.
Adv. absent  for MCGM/defendant.
As both side adv. are absent. Matter adjourned for admission and denial to. 12/11/21.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: None present  for plaintiff.
Adv. soraan present for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for RE to. 15/12/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Yash Mishra present for plaintiff and sought adjournment.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Matter adjourned for WS to. 10/02/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2022

Date: 10-02-2022
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.
Matter is adjd.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: As Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: As presiding officer is on leave. Hence matter is adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: None for plaintiff.
Adv. Vyavhare @ Sutar  for MCGM/defendant.
Plaintiff is directed to appear and lead evidence on next date without fail.
Matter adjourned for recording evidence to 10/10/2022.
Adv. Pooja Mishra h/f Adv. Anjali Awasthi for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: As court is busy  in Recording of Evidence in High Court Time Bound Matter and dictating Order/Judgment in other matters. Hence, want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present
Plaintiff is directed to appear and lead evidence on next date without fail.
Matter is adjd for RE on 01-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None for Plaintiff.
Adv. Soraan for MCGM/ defendant  present.
Plaintiff is directed to appear and lead evidence on next date without fail.
Matter is adjd for RE on 17-04-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present for plaintiff.
Adv. Patil for MCGM/defendant.
Plaintiff is directed to appear and lead evinced on next date without fail.
Matter adjourned for R/E 21-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 27.07.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
It appears that issues were framed on 06.01.2021 and thereafter, the plaintiff continuouly remain absent and no steps are taken for proceeding further in this case. Hence, matter be kept for passing dismissal order.
Matter is adjd  to 19.08.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  23.11.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: None for Plaintiff.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to  23.01.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: P O is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: None for Plaintiff.
Adv. Mrs. Vyavahare for defendant/BMC present.
Matter is adjd  to 16/03/2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: None for Plaintiff.
Adv. Ms. Patil for MCGM present.
Today also the plaintiff and his advocate are remained absent. In this case issues were framed on 06.01.2021 and thereafter matter proceed for recording evidence. However, the plaintiff and his advocate continuously remained absent, therefore, on 27.07.2023 matter proceeded for passing dismissal order. Despite the matter is proceeding for dismissal, nobody turned up. Matter is old one. Earlier also draft notice of motion taken out by the plaintiff was dismissed in default. Thereafter, by an order dtd. 03.02.2020 Notice of motion no. 3897/2018 and 3928/2017 also have been dismissed for want of prosecution. It appears the plaintiff is not interested to proceed with the matter therefore, there is no propriety by keeping the case is abeyance. Hence, following order is passed -
ORDER
1. Suit stands dismissed in default.
2. L.C. Suit No. 1095 of 2018 stands disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-03-2024

NOTICE OF MOTION/103928/2018
NOTICE OF MOTION/103897/2018

Filing Number: 101702/2018
Filing Date: 30-01-2018
First Hearing Date: 23rd April 2018
Decision Date: 16th March 2024
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE