Suyog Telematics Ltd. Through its Director Mr. ShivshankarVsThe Asst. Municipal Commissioner and Anr.

Date: 12-02-2020
Business: Adv.Ansari for plaintiff present and tendered original NM 699/2020 along with affidavit in support.
Adv. Khandagle for MCGM/Deft. present.
Heard both sides.
Earlier order, if any, to continue till next date.
Authenticated copies be given to the both parties.
 Matter adjd to 15.02.2020 for order order on ad-interim
Next Purpose: ORDER
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Ansari for plaintiff present.
None for defendant MCGM(M west ward)
Perused notice of motion, contents of plaint, documents annexed there to.
Heard both sides.
           The plaintiff come with the case that, defendant issued notice on 26.01.2020 u/s 3(z)(1) of Maharashtra slums  at 1971 to demolish/dismantle the mobile tower without following the due process of law. Defendant shall give proper hearing to plaintiff and order and submission filed by the plaintiff mobile tower company. Were as Ld.Adv.Khandagle for corporation for strongly objected for ad-interim relief as no locos standi to the plaintiff to file this suit. In absence of prima facia case of authorization of suit premises that is mobile tower. Therefore, no ad-interim relief granted. Ld. Adv. for plaintiff has placed reliance on judgment of Hon\''ble High Court in 2007 (4 ) ALL MR 97 to support his submission that no authority can be permitted to take unilateral action, even if structure is unauthorized accept by following due process of law.
                In case of threats to the plaintiff will be affected if threats are exhibited and therefore he has right to file suit. In such circumstances were as on 01.02.2020 the plaintiff by hand made application to the corporation for permission/regularization of mobile tower. In support plaintiff has filed document to show that plaintiff has taken the suit premises on rent basis from Hasratli Shah. IN the light of observation made by Hon\''ble High Court as discussed supra and considering the bonafied attempt of plaintiff to seek permission and as per the circular dtd.17.02.2018 of Government of Maharashtra (Telecom policy) plaintiff is entitled for ad-interim relief till next date.
1.     Corporation shall not take any coercive action against mobile tower  erected in suit premises.
2.   Corporation shall take fine/paynalty for making delay in application for regularization/permission of mobile tower as per rule.
3.   Corporation shall take decision on the application of plaintiff as early as possible on merit and supervise as per the direction made in para A- of telecom tower policy dtd.17.02.2018 scrpuplously from plaintiff.
4.   It is made clear that if the defendant/MCGM has initiated action by following due process of law against the suit premisses this order will not prevent it from taking further action in accordance with law.
Authenticated copies be given to the both parties.
 Matter adjd to 29.04.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: due to national lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: (Matter pertains to C.R.No.8)
None for plaintiff.
Adv Khandagale for Defendant No.1 and 2 /MCGM  present.
None for deft No.3
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for N/M reply.
                                                                                      Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 26/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 06/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim for plaintiff present and tendered original writ of summons. TOR
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Shirish Shigwan h.f. Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
None for Defendant No.3.
Earlier order, if any, to continue till next date.
Matter is adjd to 03/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 14/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Ansari Asggar Kalim for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present.
 Both parties sought time for taking directions in respect of keeping matter before Lok Adalat from concerned parties, hence, on request, Matter is adjd for NM Reply on 02/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
By consent of advocate for plaintiff and advocate for defendant nos.1 and 2 / MCGM  , matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Issue notice to the defendant no.3 to remain present before National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/03/2022 for National Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Advocate Shirish for Plaintiff present. Mr. Rahul Jadade from the office of Suyog Telematics Ltd present. Adv. Tondvalkar for BMC M/W and M/E present. After discussion, matter could not be settled. Hence adjd to 25.4.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant No. 1 and 2/ MCGM is present.
None for defendant No. 3.
Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
Issue notice to defendant No. 3 to remain present before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. To 07/05/2022 for Lok-Nayalay.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None for plaintiff.
Adv Tondwalkar for defendant / BMC present.
Matter stands Adj to 14/06/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Jyoti Mishra h/f. Ansari Asggar Kalim for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. To 03.08.2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant 1 and 2/ BMC is present.
None for deft. Nos. 3.
Matter is already referred to National Lok-Adalat will be held on 13/08/2022.
Both parties are directed to remain present on 13/08/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertains to CR No.04
None for plaintiff present.
Adv Tondwankar for defendant/BMC present.
Matter is adj to 12-10-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
None for deft. Nos.3.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendants no. 1 and 2/ BMC is present and requested for time to file reply to NM. Time is granted.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Matter is referred for National Lok-Adalat will be held on 30.04.2023.
Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
Adjd. to 30.04.2023 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
None present for plaintiff
Advocate  Suryanshi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 17-07-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd   to 11.09.2023   for taking steps against defendant No. 3 and NM Reply by def No. 1 and 2/BMC
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant No.1 and 2/BMC present and seeks time to file reply to NM. Granted.
Earlier order, if any, to continue till next date.
Adjd  to 20.10.2023   for  NM Reply by deft/BMC and steps against deft No. 3 by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Advocate Ansari Kalim for plaintiff present.
Advocate Suryavanshi  for defendant No.1 and 2/BMC present and seeks time to file reply to NM. Granted.
Earlier order, if any, to continue till next date.
Adjd  to 29.11.2023   for  NM Reply by deft/BMC and steps against deft No. 3 by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Suit is of 2019 and plaintiff has not filed affidavit of service of writ fo summons upon deft No. 3. Today none present for plaintiff. Hence issue writ of summons upon deft No. 3 through  through Bailiff of office of the   Sheriff of Mumbai. Plaintiff to provide copy of plaint and documents.
Earlier order, if any, to continue till next date.
Adjd  to  07.02.2024   for  NM Reply and writ of summons upon deft No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: None for plaintiff.
Advocate Suryawanshi  for defendant/BMC present and requested time to file reply, hence time granted.
Suit is of year 2019 and Writ of Summons is not served upon D-3. The plaintiff was directed to supply copy of plaint and documents for providing to D-3. But plaintiff has not supplied copy, hence summons could not be send to D-3. Hence matter adjouned for dimissal of suit against D-3.
Earlier order, if any, to continue till next date.
Adjd  to 18.03.2024 for N/M reply and dismissal of suit against D-3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv Ansari Kalim for plaintiff present.
Advocate  Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to   24.06.2024  for  NM Reply and dismissal of suit against deft No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Advocate Ansari Kalim for plaintiff present.
Advocate  Botlawar for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Adv for plaintiff tendered report of service of writ of summons marked as Exh. 5. it appears writ of summons has been served upon D-3 on 21.09.2023 but he failed to appear. Hence suit to proceed exparte against D- 3.
Adjd  to  18.09.2024   for  NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: None present for plaintiff
Advocate  Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2020
Earlier order, if any, to continue till next date.
Adjd  to  29.11.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in NM orders in group matters. Board is discharged. Hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd  to  13.01.2025   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present and sought time to file NM reply.  Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. None present for defendant No. 3. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply)/RE (No WS) to 14.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present and sought time to file written submissions on NM. Time is granted strictly as a last chance. In default, the NM would stand dismissed. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Earlier Order, if any, is continued till next date.
Adjourned for written submissions on NM (No Reply)/dismissal to 03.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present. The matter is kept back.
Later on at 3.35 pm.
None present for the plaintiff to proceed with the NM.  Hence, it is posted for dismissal. Rest appearance is as above. Earlier Order, if any, is continued till the next date.
Adjourned for NM dismissal to 04.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Sufficient time is already granted. Hence, NM No. 699/2020 is dismissed in default. Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/MCGM is present. Rest of the defendant are absent.
Adjourned for RE (No WS) to  09.07.2025.
Nature Of Disposal: OTHERWISE
Disposal Date: 04-04-2025

Main Case No: SUIT/0100415/2020
Main Cnr: MHCC010015762020
Main Filing No: 111447

Registration Number: 100699/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102007/2020
Filing Date: 12-02-2020
First Hearing Date: 12th February 2020
Decision Date: 04th April 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE